From Casetext: Smarter Legal Research

Hughley v. Eaton Corp.

United States Court of Appeals, Sixth Circuit
Mar 22, 1978
572 F.2d 556 (6th Cir. 1978)

Summary

holding that dismissal for failure to prosecute rendered moot any prior ruling of the district court

Summary of this case from Camesi v. Univ. of Pittsburgh Med. Ctr.

Opinion

No. 76-1741.

March 22, 1978.

Robert J. Affeldt, Sylvania, Ohio, for plaintiff-appellant.

John P. Palumbo, Cleveland, Ohio, Stew O. H. Merz, Bruce J. Havighurst, Jones, Day, Reavis Pogue, Cleveland, Ohio, for defendant-appellee.

Appeal from the United States District Court for the Northern District of Ohio.

Before CELEBREZZE, LIVELY and ENGEL, Circuit Judges.


ORDER


Plaintiffs appeal from an order of the district court dismissing their suit seeking relief under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., for want of prosecution. It appears without dispute upon the record and by the affirmative representations of plaintiffs' counsel at the oral argument upon appeal that plaintiffs' counsel provoked the court to dismiss the action and further, that the failure to appear at the trial date was the result of a conscious choice by plaintiffs to suffer the consequence of dismissal rather than to proceed to trial in the posture of the case as it then stood.

Under the circumstances the court determines that the trial court did not abuse its discretion in dismissing the suit in the district court without prejudice. It, therefore, follows that by the dismissal of the suit, any rulings which preceded that action by the trial court are thus rendered moot. In this regard the court declines to adopt either the rationale or the holding of Allied Air Freight, Inc. v. Pan American World Airways, Inc., 393 F.2d 441 (2d Cir.), cert. denied, 393 U.S. 846, 89 S.Ct. 131, 21 L.Ed.2d 117 (1968), and, on the contrary, holds that the sufferance of a dismissal of a cause without prejudice is not to be employed as an avenue for reaching issues which are not subject to interlocutory appeal as of right. Accordingly,

IT IS ORDERED that the judgment of the district court is affirmed.


Summaries of

Hughley v. Eaton Corp.

United States Court of Appeals, Sixth Circuit
Mar 22, 1978
572 F.2d 556 (6th Cir. 1978)

holding that dismissal for failure to prosecute rendered moot any prior ruling of the district court

Summary of this case from Camesi v. Univ. of Pittsburgh Med. Ctr.

rejecting both rationale and holding of Allied Air Freight

Summary of this case from John's Insulation v. L. Addison Associates

declining to adopt rationale or holding of Allied Air Freight and holding that "the sufferance of a dismissal of a cause without prejudice is not to be employed as an avenue for reaching issues which are not subject to interlocutory appeal as of right"

Summary of this case from Shannon v. General Electric Company

In Hughley v. Eaton Corp., 572 F.2d 556 (6th Cir. 1978), the district court had dismissed, though without prejudice, plaintiffs' action for want of prosecution.

Summary of this case from Huey v. Teledyne, Inc.
Case details for

Hughley v. Eaton Corp.

Case Details

Full title:JOHNNIE L. HUGHLEY ET AL., PLAINTIFF-APPELLANT, v. EATON CORPORATION…

Court:United States Court of Appeals, Sixth Circuit

Date published: Mar 22, 1978

Citations

572 F.2d 556 (6th Cir. 1978)

Citing Cases

John's Insulation v. L. Addison Associates

However, six circuit courts of appeals have recognized an exception to the rule, holding that interlocutory…

Wallace v. Scott Nally, Dir. of Envtl. Prot. & Penn Ohio Waste, LLC

{¶37} Another rationale is when a court dismisses the suit for failure to prosecute or comply with a court…