Ace American Ins. Co. v. Rouse's Enter., LLC, [Ms. 1170818, Dec. 21, 2018], __ So. 3d __ (Ala. 2018) (Bolin, J.; and Stuart, C.J.; and Parker, Main, Wise, Sellers, and Mendheim, JJ., concur; Shaw and Bryan, JJ., concur in the result). Finding no evidence of any "clear record of delay, willful default, or contumacious conduct by the plaintiff" as required for an Ala. R. Civ. P. 41(b) dismissal for the failure of the plaintiff to prosecute an action (see Ms. *5-6 (quoting Gill v. Cobern, 36 So. 3d 31, 32-33 (Ala. 2009)), the Court reverses the judgment of the Baldwin Circuit Court dismissing a workers' compensation insurer's subrogation claim and remands the case to permit the workers' compensation subrogation insurer to proceed with its claim to final judgment.
