Republic Claims Service Co. v. Hoyal

I respectfully dissent. OCGA § 9-2-60 (b) unambiguously provides: “[a]ny action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.” The dismissal provided for in the statute is automatic and it is mandatory. Loftin v. Prudential Property &c. Ins. Co., 193 Ga. App. 514 (388 SE2d 525) (1989). The dismissal results as a “matter of law, and the court has no discretion to order it reinstated.” Dept. of Med. Assistance v. Columbia…