Martin v. City of Waynesboro

I believe the circuit court judge abused his discretion by dismissing this case. Dismissal is drastic punishment and should not be invoked except when the conduct of the party has been so deliberately careless as to call for drastic action. Peoples Bank v. D’Lo Royalties, Inc., 206 So.2d 836 (Miss.1968); Williams v. Whitfield, 249 Miss. 634, 163 So.2d 688 (1964).

Based solely upon a literal reading of Uniform Circuit Court Rule 4.01, the case below should have been dismissed by May 6, 1987; however, to do so would, in my opinion, result in manifest injustice. This state’s rules of court are…