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State Courts -
Alabama - April 14, 2006
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Stephenson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 2040568,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: Trial court erred in sua sponte dismissing a negligence and contract case for lack of prosecution under Ala. R. Civ. P. 41(b). There was no indication that plaintiff had caused a delay or acted contumaciously, and although no action was taken after arbitration was compelled, nothing indicated that plaintiff had failed to initiate arbitration.
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