Leach v. Aetna Casualty & Surety Company

On Motion for Rehearing.

On motion for rehearing Aetna contends that we have overlooked our decision in Lankford v. Karkotsky, 171 Ga. App. 283 (319 SE2d 117), and that that decision is inconsistent with our holding in the case sub judice. In the first sentence of the second paragraph in Lankford we state that “[t]he trial court has the authority to dismiss a suit with prejudice for failure to prosecute. OCGA § 9-11-41 (b). See Krasner v. Verner Auto Supply, 130 Ga. App. 892, 894 (204 SE2d 770) (1974).” This incorrect statement upon which Aetna relies was clearly dicta. In Lankford appellants…