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McMATH v. BAKER

2940246.

678 So.2d 1069 (1995)

Byron McMATH and Beverly McMath v. Charles BAKER and SouthTrust Bank.

Court of Civil Appeals of Alabama.

Rehearing Denied August 11, 1995.

Certiorari Quashed June 14, 1996.

Attorney(s) appearing for the Case

William R. Murray, Northport, for Appellants.

G. Warren Laird, Jr., John Brent Thornley, Jasper, for Appellees.

Alabama Supreme Court 1941792.

RICHARD L. HOLMES, Retired Appellate Judge.

Byron McMath and his wife, Beverly McMath, appeal the dismissal of their action with prejudice. The action was dismissed for the McMaths' failure, or unwillingness, to prosecute the action and for their failure, or refusal, to appear at their scheduled depositions.

Our review of the record reveals the following: On or about June 20...

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