Dwayne S. Byrd, Julie Dichtel Byrd, J. Wilson Roop, Jr. - Getwell West Residents Assoc. v. City of Memphis, et al.

This case involves a dismissal for failure to prosecute. In January 1988, the plaintiff residents filed this lawsuit against the defendant municipal officials for allegedly enacting an unconstitutional and unreasonable annexation ordinance. In 2003, after the case had been on the trial court’s docket for fifteen years with little activity, the trial court clerk filed a motion to dismiss for lack of prosecution. In June 2003, the trial court granted the clerk’s motion and dismissed the case. The plaintiff residents now appeal. We affirm, finding that the trial court did not abuse its discretion in dismissing the case. The caption of the case lists 17 Plaintiffs. However, the first 1 two named Plaintiffs, Dwayne and Julie Byrd (“the Byrds”), are now counsel to the Plaintiffs and are not real parties in interest. The suit was originally filed when the Byrds were law students and residents of Getwell West. Subsequently, the Byrds moved out of Getwell West, but entered appearances on behalf of the other Plaintiffs after they became licensed to practice law. 2On November 14, 1995, the trial court entered an order dismissing the case for lack of prosecution. Apparently, however, that order was inadvertently entered, and two weeks later the trial court set that order aside. -2- Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed.