Cascio v. Alfa Mutual Insurance Co.

¶ 47. The majority finds that the circuit court’s grant of summary judgment in favor of Alfa and its denial of Cascio’s motion to dismiss were proper. The majority also finds no error in the circuit court’s determination that this case was improperly dismissed by the county court under Mississippi Rule of Civil Procedure 41(d) for failure to prosecute. I find reversible error in all three issues. Therefore, I respectfully dissent.

I. Rule 41(d) Dismissal

¶ 48. The majority asserts that Alfa’s summary-judgment motion constitutes an action of record sufficient to preclude dismissal under Rule…