Georgia Department of Medical Assistance v. Columbia Convalescent Center

Sears, Justice.

This appeal and cross-appeal involve the constitutionality of two statutes. One is OCGA § 9-2-60, which provides that if no written order is taken in an action for five years, the action “shall automatically stand dismissed” (the “automatic dismissal statute”). The other is OCGA § 9-10-2, which provides that certain judicial actions taken in cases in which the state is a party are void unless, among other things, the Attorney General was given five days written notice of the hearing or trial that resulted in the judicial action (the “state notice statute”). The trial court held…