Martin v. Wyatt

Barnes, Judge.

Lithford and Virginia Martin appeal the trial court’s dismissal of their complaint for lack of prosecution. We conclude that the trial court did not abuse its discretion in dismissing the complaint and affirm.

The Martins dismissed their first personal injury suit against Hazel and Edward Wyatt on March 21, 1997, and refiled it on September 22, 1997. On February 2, 1999, the Wyatts moved to dismiss the complaint for failure to prosecute because no counsel of record responded on behalf of the Martins at a mandatory calendar call on February 1, 1999, and the attorney who told the…