McCombs v. Georgia Natural Gas Co.

BLACKBURN, Presiding Judge.

In this personal injury action arising out of a 1995 accident, Marty McCombs appeals the grant of summary judgment to Georgia Natural Gas Company, which judgment was based on the application of the five-year dismissal rule set forth in OCGA § 9-2-60. We agree with the trial court that the previous action between the parties was automatically dismissed for want of prosecution; since the present action was not renewed within six months of that dismissal, the applicable two-year statute of limitation barred the present action. Accordingly, we affirm.

The undisputed…