Salter v. Chatham County
Court of Appeals of Georgia
1Opinion of the Court
Deen, Presiding Judge.
1. It is now firmly established that the "automatic dismissal” rule in Code § 3-512 means that the expiration of five years after the taking of the last written order renders the litigation entirely lifeless for all purposes. We quote from Milam v. Mojonnier Bros. Co., 135 Ga. App. 208, 210 (217 SE2d 355) as the latest reaffirmance of this construction: "The 'five-year rule’ is mandatory and places squarely upon the plaintiff the duty to comply with the law and to obtain a written order of continuance or other written order at some time during a five-year period and to…
2Cases cited10 opinions
- Swint v. SmithSupreme Court of Georgia · 1964
- Fulton County v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day SaintsCourt of Appeals of Georgia · 1975
- Majors v. LewisCourt of Appeals of Georgia · 1975
- Milam v. Mojonnier Bros. Co.Court of Appeals of Georgia · 1975
- Dollar v. WebbCourt of Appeals of Georgia · 1974
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3Cited by12 opinions
- Goodwyn v. CarterCourt of Appeals of Georgia · 2001
- Department of Transportation v. RudesealCourt of Appeals of Georgia · 1978
- Earp v. KranatsCourt of Appeals of Georgia · 1987
- Kachwalla v. ByrneCourt of Appeals of Georgia · 1991
- Stone v. GreenCourt of Appeals of Georgia · 1982
7 more not listed; retrieve them via the Exa API.