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A nearly six-year-old lawsuit filed by Brian Mullins of Siteworx LLC could be on the verge of getting dismissed.
“We’ve tried everything we can do to get the case prepared for trial, but the plaintiff just needs to get their legal counsel set to move forward,” Roane County Attorney Tom McFarland said.
Roane County, J&M Inc., Henson Construction Services Inc., Clay Williams & Associates Inc. and Western Surety Co. are defendants in the lawsuit, which contends Mullins wasn’t paid for work he performed during construction of the Roane County Jail.
The lawsuit was filed in Roane County Chancery Court on April 24, 2008.
Mullins has gone through two attorneys since that time.
“At some point, you draw the line when a plaintiff files a lawsuit that costs other people a lot of money and then they don’t prosecute their lawsuit,” McFarland said.
The line for the defendants came last month after Mark Foster was allowed to withdraw as Mullins’ attorney.
“The undersigned would show that plaintiff has failed to substantially fulfill an obligation to the undersigned regarding the undersigned’s services as lawyer, which has rendered the representation unreasonably difficult,” Foster said in his motion to withdraw.
“Plaintiff has been given reasonable warning that the undersigned would withdraw unless the obligation is fulfilled, but plaintiff has continued not to substantially fulfill the obligation.”
The defendants’ joint motion to dismiss the lawsuit for failure to prosecute was filed on Dec. 17 .
“The taxpayers are having to pay their lawyer,” McFarland said. “All these other defendants are having to pay their lawyer. If Siteworx wants to sue everyone, then they need to pay their lawyer.”
The motion to dismiss was heard in court on Thursday.
“We haven’t reduced the ruling to writing yet, but I think it’s going to say that the case was dismissed,” McFarland said.
“However, if Siteworx has an attorney communicate to the court that he or she has been hired for the duration of this litigation, then he (the chancellor) will set aside the dismissal.”
Mullins ran for Roane County road superintendent in 2012. He finished last in the three-person race that was won by Dennis Ferguson.