OF JUDGMENT: 03/10/2017
HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON.
CHRISTOPHER LOUIS SCHMIDT TRIAL JUDGE.TRIAL.
ATTORNEY FOR APPELLANT: MICHAEL W. CROSBY
ATTORNEY FOR APPELLEE: JEFFREY S. BRUNI
GRIFFIS, P.J., BARNES AND CARLTON, JJ.
Rebecca Pate Glass appeals the circuit court's dismissal
of her case for failure to prosecute pursuant to Mississippi
Rule of Civil Procedure 41(d). We find no error and affirm.
AND PROCEDURAL HISTORY
On January 22, 2015, Glass filed a complaint in the Harrison
County Circuit Court and asserted state- and federal-law
claims related to the City of Gulfport's alleged
negligent operation and maintenance of a drainage system. The
City removed the case to federal court, which ultimately
dismissed Glass's federal-law claims and remanded the
case back to the circuit court on July 7, 2015.
On July 14, 2015, the City filed a motion to dismiss all
remaining claims. Ten days later, on July 24, 2015, Glass
filed a "Motion for [an] Extra Ten Days" to respond
to the City's motion to dismiss. No order was ever
entered on Glass's motion. It is undisputed that Glass
never set her motion for a hearing and did not file her
response within the requested ten days.
Approximately 550 days later, on February 1, 2017, the
circuit clerk filed a clerk's motion to dismiss for want
of prosecution. Notice of the motion was sent to both
parties. Glass was advised that her case would be dismissed
"unless within [t]hirty (30) [d]ays from the date of
th[e] notice, action of record [wa]s taken or written
application [wa]s made to the court and good cause shown why
such case should not be dismissed."
On February 3, 2017, Glass filed a response to the
clerk's motion to dismiss for want of prosecution and
asserted the following:
1. The [c]lerk's [m]otion to [d]ismiss was filed on
February 1, 2017.
2. There remains a pending [m]otion to [d]ismiss filed by