CORNELIUS v. BENEFIELD

No. 2012-CA-00021-COA.

168 So.3d 1028 (2013)

Nell CORNELIUS, Appellant v. Dr. Donald W. BENEFIELD, Individually and as Shareholder of Benefield Eyecare, PC, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied February 11, 2014.


Attorney(s) appearing for the Case

W. Thomas McCraney III , William Bonney Bardwell , Ridgeland, William Monroe Quin II , and Ricky O. Amos , Gulfport, attorneys for appellant.

Stephen Giles Peresich , Lauren Reeder McCrory , Biloxi, Johanna Malbrough McMullan , Jackson, attorneys for appellee.

EN BANC.


¶ 1. The issue presented in this case is whether the trial court abused its discretion in dismissing Nell Cornelius's medical-malpractice claim with prejudice, pursuant to Mississippi Rule of Civil Procedure 41(b), for failure to prosecute. The trial court found dismissal was warranted because of a clear record of...

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