Kenneth Laddie, Rebekah Laddie, Phillip Dial, and Rhonda Dial v. Alaran Construction, Inc.

Summary

The court reversed the dismissal with prejudice of the defendants' counterclaims and remanded for further proceedings. It held that an inadvertent failure to appear at a motion hearing did not establish the willful or contumacious conduct or extreme circumstances required for a Rule 41(b) dismissal, and that the defendants' written response was not untimely because no response deadline had been established. The court did not address the merits of the counterclaims.