Penrose v. Garcia, Jr., et al.Annotate this Case
John and Amy Penrose bought a house in Montgomery. After moving in, they discovered multiple problems with the house and sued several parties that had been involved in the transaction, alleging that those parties' negligent or intentional acts had prevented the Penroses from discovering the house's problems before the purchase closed. During discovery, the Penroses failed to provide timely and complete responses to the defendants' discovery requests or to appear at two hearings on the resulting motions to compel. Following the second missed hearing, the circuit court dismissed the Penroses' lawsuit with prejudice. Invoking Rule 60(b), Ala. R. Civ. P., the Penroses moved the trial court to reinstate their lawsuit, arguing among other things that the dismissal violated their due-process rights because no defendant had moved for dismissal and because the trial court had given them no indication that it was considering that sanction. The trial court denied their motion. The Penroses appealed. Finding no reversible error, the Alabama Supreme Court affirmed.