# Brown v. Brown

> Court of Civil Appeals of Alabama · August 20, 2004 · 896 So. 2d 573

URL: https://www.frixlaw.com/law-library/cases/9936332

## Case

- **Full name:** James Brent Brown v. Margaret Y. Brown.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** August 20, 2004
- **Citations:** 896 So. 2d 573; 2004 WL 1858308
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Crawley, Pittman
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9936332

## How later opinions describe it (automated extraction)

- reversing a dismissal that was based on an inmate's failure to attend a pretrial conference

## Opinion text

Although I concur in the result to reverse the circuit court's judgment of dismissal, I do not agree that Aguilar v. Spradlin , 408 So.2d 525 (Ala.Civ.App. 1981), is due to be overruled. Rather, in my view, this case is properly distinguished from Aguilar in that James Brent Brown made an effort to "appear" at the scheduling conference in the circuit court by timely filing a detailed written response to that court's September 3, 2003, order setting the date of that conference. The opinion in Aguilar contains no indication that the plaintiff in that case made any effort to "appear" at a scheduled pretrial conference that may be deemed comparable to James Brent Brown's, and a harsher sanction may indeed be appropriate under the Alabama Rules of Civil Procedure *Page 577
where no such effort is made by an incarcerated plaintiff.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936332. Public record. Not legal advice.