Supreme Court of Alabama
Bonnie Jean Myers v. Bbh Pbmc, LLC, D/b/a Princeton Baptist Medical Center; Brookwood Baptist Health 2, LLC; And…
August 29, 2025
Summary
The Supreme Court of Alabama held that the circuit court abused its discretion by dismissing Myers's negligence action after Myers and her attorney inadvertently failed to appear at the first status conference. Because the negligence claim's limitations period had expired, the dismissal without prejudice operated as a final judgment, permitting appellate review. The record showed no clear delay, willful default, or contumacious conduct sufficient to justify the harsh sanction of dismissal under Rule 41(b).