Kimberly Barrera v. Bob Parks Realty, LLC

Syllabus

This appeal concerns the dismissal of a complaint under Tenn. R. Civ. P. 41.02 and denial of a motion to alter or amend under Tenn. R. Civ. P. 59. The court dismissed the complaint after finding the plaintiffs consistently violated court orders and unnecessarily delayed litigation by, inter alia, violating discovery and procedural deadlines. The plaintiffs moved to alter or amend the judgment, arguing that the trial court already excused any past violations and their latest violations were due to circumstances outside of the plaintiffs' control. The trial court denied the motion, and this appeal followed. We have determined that the court's basis for dismissing the case is properly supported by evidence in the record, the court identified and applied the appropriate legal principles, and its decision was within the range of acceptable alternatives dispositions. Accordingly, we affirm the trial court's judgment.