Legal Opinion

Clinton Wheeler v. Edward Eftink

Missouri Court of Appeals

Decided November 8, 2016No. ED104131PublishedCited by 3 opinions

1Opinion of the Court

OPINION

Colleen Dolan, Judge

Clinton Wheeler (“Plaintiff’) appeals the trial court’s dismissal of his claim based on his failure to diligently prosecute Edward Eftink (“Defendant”). The parties are familiar with the facts and we will not recite them here. Nonetheless, we will discuss the facts as they relate to the issues on appeal. Plaintiff failed to demonstrate the trial court abused its discretion by dismissing his claim. Accordingly, we affirm.

I. Standard of Review

While exercising sound judicial discretion, trial courts have an inherent power to dismiss a case for failure to prosecute with…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Pearson v. KosterSupreme Court of Missouri · 2012
  2. Powel v. Chaminade College Preparatory, Inc.Supreme Court of Missouri · 2006
  3. Jepson v. StubbsSupreme Court of Missouri · 1977
  4. Shirrell v. Missouri Edison Co.Supreme Court of Missouri · 1976
  5. Rafael Lozano v. BNSF Railway CompanySupreme Court of Missouri · 2014

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3Cited by3 opinions

  1. Cassandra Murphy, Appellant, vs. Intensiva Hospital of Greater St. Louis, Inc., D/B/A Select Specialty Hospital, Respondent.Missouri Court of Appeals · 2025
  2. Jo Levitt v. Merck & CompanyCourt of Appeals for the Eighth Circuit · 2019
  3. Jo Levitt v. Merck & CompanyCourt of Appeals for the Eighth Circuit · 2019

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