# Hodge v. R & R MOVERS

> Court of Civil Appeals of Alabama · May 1, 1998 · 716 So. 2d 740

URL: https://www.frixlaw.com/law-library/cases/9936596

## Case

- **Full name:** Christopher Michael Hodge, as Administrator of the Estate of Misty Leigh Hodge, Deceased and Christopher Michael Hodge, Individually v. R R Movers and Lawrence Cody Rivers.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** May 1, 1998
- **Citations:** 716 So. 2d 740; 1998 WL 211656
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Robertson, Thompson
- **Cited by:** 8 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/9936596

## Opinion text

Hodge was a pro se litigant at the time his case was dismissed. It is an established principle that "the operation of the courts of this state is governed by rules which are no more forgiving of a pro se litigant than of one represented by counsel." Black v. Allen , 587 So.2d 349 (Ala.Civ.App. 1991). This court has held that all parties, even when acting pro se, are charged with the responsibility of keeping track of the status of their case. Bowman v. Pat's Auto Parts , 504 So.2d 736
(Ala.Civ.App. 1987).
In this case, however, the judge granted a motion for leave to withdraw filed by Hodge's attorney four days before the date on which the "motion to set and certificate of readiness" were due to be filed. In addition, the court sent notice to R R's counsel that the case had been marked for dismissal and was set for the disposition docket, but apparently failed to send notice to Hodge, mistakenly sending the notice to his former counsel instead. Because I believe Hodge may have been prejudiced by these actions on the part of the court, I concur in the majority's determination that the trial court's denial of Hodge's motion to set aside the dismissal should be reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936596. Public record. Not legal advice.