Plaintiff filed an Appeal of this matter, following the Court’s dismissal of this matter with prejudice. This matter was dismissed for Plaintiff’s failure to abide by Court Order and timely file the Final Pre-Trial Order, as well as, failing to bring jury instructions and binders to the Court as included in the Court Order. The Judge also indicated that the differing damages showed that Plaintiff was not prepared to proceed with trial. The dismissal in this matter was affirmed by the Court of Appeals. In an unpublished decision, the Court of Appeals affirmed the decision of the trial court finding that there was no abuse of discretion by the court in dismissing this matter. We have attached the Opinion of the Court of Appeals for your review. In essence, the Court of Appeals Opinion goes through the many discovery violations of Plaintiff as well as the many violations of Court Order throughout the lengthy litigation in this case. While Plaintiff requested that this be disregarded by the Court as it was not addressed at the final hearing on the Motion to Dismiss, the Court declined to do so stating that it was contained in the record on the numerous discovery violations and violations of the Court Order are pertinent to the end result of the dismissal in this case. The Court held that under the circumstances presented in this case, including the language of Final Pre-Trial Order, which stated that failure to comply strictly with all of its terms may result in dismissal, the Court of Appeals concluded that the trial court did not abuse its discretion and that it adequately considered the factors required to be considered for dismissal. The Court of Appeals went through the list of factors and noted that Plaintiff was aware of the trial court’s requirements as set forth in the Pre-Trial Order, and was aware that dismissal was risked through noncompliance, suggesting that the trial court viewed Plaintiff’s violations as willful. Thus, the dismissal of this matter with prejudice, was upheld by the Court of Appeals.