Legal Opinion

Harold McKelvey v. At & T Technologies, Inc.

Court of Appeals for the Eleventh Circuit

Decided May 23, 1986No. 85-5410PublishedCited by 90 opinions

1Per curiam

In this appeal we are asked to determine whether the District Court abused its discretion when it dismissed this case for want of prosecution. Finding that simple negligence was the reason underlying plaintiff-appellant’s inaction, we hold that dismissal was too harsh a sanction in this instance. We therefore reverse the District Court’s dismissal and remand for reinstatement. Our decision is without prejudice to the imposition by the District Court of alternative sanctions which do not approach the severity of a dismissal.

Too Many Lawyers Spoil the Broth

Harold McKelvey filed an employment…

2Cases cited3 opinions

  1. Searock, D/B/A Allied Marine v. Greg Stripling, Counter-Claimant-Appellant, Amf Inc., D/B/A Hatteras Yachts and Aetna Insurance Co., Third-PartyCourt of Appeals for the Third Circuit · 1984
  2. Equal Employment Opportunity Commission v. Troy State University, the State of Alabama, and Its Board of Trustees of Troy State UniversityCourt of Appeals for the Eleventh Circuit · 1982
  3. Anthony Robert Martin-Trigona v. Evan J. Morris and Catherine MorrisCourt of Appeals for the Fifth Circuit · 1980

3Cited by90 opinions

  1. Roger Justice v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
  2. Kilgo v. RicksCourt of Appeals for the Eleventh Circuit · 1993
  3. Yan Zocaras v. CastroCourt of Appeals for the Eleventh Circuit · 2006
  4. Kilgo v. RicksCourt of Appeals for the Eleventh Circuit · 1993
  5. OFS FITEL, LLC v. Epstein, Becker and Green, PCCourt of Appeals for the Eleventh Circuit · 2008

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