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RENDERED: DECEMBER 21, 2001; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 2001-CA-000303-MR

ERIC PRICE APPELLANT

APPEAL FROM CARROLL CIRCUIT COURT

v. HONORABLE STEPHEN L. BATES, JUDGE
ACTION NO. 99-CI-00065

MASON & MEFFORD, INC. APPELLEE

OPINION
AFFIRMING
** ** ** ** **

BEFORE: McANULTY, MILLER, AND TACKETT, JUDGES.

MILLER, JUDGE: Eric Price appeals from a December 14, 2000
order of the Carroll Circuit Court dismissing his civil action.

On September 17, 1998, Price was found guilty of
forcible detainer upon a jury trial in the Carroll District
Court. Kentucky Revised Statutes (KRS) 383.200-.285. Price
failed to remove his mobile home from the property of a third
party as ordered by the district court. The eviction notice was
executed on September 30, 1998 by Sheriff Charles Maiden. After
proper notice to Price, Sheriff Maiden hired Mason & Mefford,
Inc., (Mason & Mefford) appellee herein, to remove the house
trailer. The trailer was removed by Mason & Mefford and placed

in storage. It was Price's belief that in moving the trailer
Mason & Mefford caused it to be damaged.

On April 16, 1999, Price filed suit in Carroll Circuit
Court claiming damages to the mobile home. Following receipt of
Mason & Mefford's answer, Price filed a motion to set for jury
trial. The circuit court denied the motion pursuant to a local
rule prohibiting trial before all discovery has been completed.
From the record, it appears Mason & Mefford propounded
interrogatories and requests for production to Price in June or
July 1999. It also appears that requests for admissions were
made at about the same time. On October 12, 1999, Price filed
his responses to Mason & Mefford's request for admissions.

On November 3, 2000, the Carroll Circuit Court filed a
notice to dismiss Price's action pursuant to Ky. R. Civ. P. (CR)
77.02(2). The court set the matter for a show cause hearing on
December 11, 2000. Price timely responded on December 4, 2000.
On December 11, 2000, Price's answers to Mason & Mefford's
earlier interrogatories and requests for production were filed
with the Carroll Circuit Court. Price's action was dismissed
without prejudice by order of the Carroll Circuit Court entered
December 14, 2000, thus precipitating this appeal.

Price maintains the circuit court abused its discretion
in dismissing his case. He asserts his response to the circuit
court's CR 77.02(2) notice to dismiss for lack of prosecution was
timely, outlined the merits of the case, explained the reasons
for the delay, and demonstrated a sincere desire to proceed.

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