MICHAEL M. SHOFNER v. EDDIE MAHAFFEY v. MIDSTATE FINANCE COMPANY, INC. - Articles

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Posted by: Tanja Trezise on Sep 13, 2013

Court: TN Court of Appeals

Attorneys 1:

Jonathan R. Perry, Franklin, Tennessee; Matthew Quentin Bastian, Columbia, Tennessee, for the appellant, Eddie Mahaffey.

Attorneys 2:

Charles Craig Northcott, Tullahoma, Tennessee, for the appellee/defendant, Midstate Finance Company, Inc.

Judge(s): COTTRELL

A trial court granted Third-Party Defendant’s motion to dismiss for failure to prosecute where Third-Party Plaintiff took no steps to pursue his claims against Third-Party Defendant more than six years after Third-Party Plaintiff was granted a new trial, and where Third-Party Plaintiff failed to comply with the trial court’s scheduling order, thereby causing additional delays. Third-Party Plaintiff appealed, and we affirm the trial court’s judgment. Trial courts have broad discretionary authority to control their dockets and proceedings, and the court here did not abuse its discretion in dismissing Third-Party Plaintiff’s complaint against Third-Party Defendant.

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