Legal Opinion
Couch v. Wallace
Supreme Court of Georgia
Decided June 22, 1982No. 38576PublishedCited by 14 opinions
1Opinion of the Court
Clarke, Justice.
The trial court dismissed appellant’s complaint seeking damages for trespass to land and an injunction resulting in this appeal. We affirm.
This action is the second suit dealing with the same subject matter. An earlier suit had been dismissed by operation of law in that no written order was taken within five years. Code Ann. § 81A-141 (e). A dismissal under this section is not on the merits, and the case may be refiled within six months of the automatic dismissal. Allstate Ins. Co. v. Dobbs, 134 Ga. App. 225 (213 SE2d 915) (1975).
The trial court found that the second suit was…
2Cases cited3 opinions
- City of Chamblee v. Village of North AtlantaSupreme Court of Georgia · 1962
- Allstate Insurance Company v. DobbsCourt of Appeals of Georgia · 1975
- Perry v. LANDMARK FINANCE CORPORATIONCourt of Appeals of Georgia · 1977
3Cited by14 opinions
- Little v. WalkerSupreme Court of Georgia · 1983
- Daugherty v. Norville Industries, Inc.Court of Appeals of Georgia · 1985
- Foster v. BowenSupreme Court of Georgia · 1984
- Tucker v. MitchellSupreme Court of Georgia · 1984
- Hilliard v. EdwardsCourt of Appeals of Georgia · 1984
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