Antoinette Bardin and John Bardin v. Philip Mondon

KAUFMAN, Circuit Judge.

The sole issue on appeal is whether Judge Dawson abused his discretion in dismissing under Rule 41(b), Fed.R. Civ.P., 28 U.S.C., with prejudice, an action brought by Antoinette and John Bardin against Philip Mondon to recover for personal injuries allegedly sustained through the latter’s negligent operation of a motor vehicle. The dismissal resulted from the refusal of Bardin’s counsel to proceed with trial as directed by the Court below.

Under all the circumstances of this case we conclude that Judge Dawson did not abuse his discretion in ordering the dismissal; but,…