Evans v. Courtaulds Fibers, Inc.

Judge Johnston dismissed Evans's second action, stating that "the case was dismissed . . . on May 18, 1995, pursuant to Rule 41(b), Ala.R.Civ.P., for failure to adhere to a Court Order and [therefore, the dismissal] was a dismissal with prejudice." Judge Key's detailed May 18, 1995, order provided in part:

"Whereas, the thirty (30) day period requested by the Plaintiffs' attorney to accomplish the dismissal of this case passed on May 8, 1995, and the Court has not heard further from the plaintiffs' attorney, and the Plaintiffs' attorney has not designated a substitute plaintiff for trial…