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ATKINS v. SHIRLEY

88-1455.

561 So.2d 1075 (1990)

E.R. ATKINS, as administrator of the estate of Ruth A. Davis Shirley, deceased v. Murphy SHIRLEY.

Supreme Court of Alabama.

April 6, 1990.

Attorney(s) appearing for the Case

J.H. Crow III, Birmingham, for appellant.

Joe Fine, Russellville, for appellee.

JONES, Justice.

This is an appeal from the trial court's sua sponte dismissal of the lawsuit for the plaintiff's failure to prosecute. We reverse the judgment of dismissal and remand the cause for reinstatement of the plaintiff's claim.

A chronological summary of the events leading up to the judgment of dismissal will be helpful to an understanding of this appeal:

6-17-87 Plaintiff E.R. Atkins, administrator of the estate of Ruth A. Davis Shirley...

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