Magnolia State Bank v. VNS Corp.

Ray, Judge.

We granted Magnolia State Bank’s application for a discretionary appeal from the trial court’s denial of its motion to set aside a judgment under the Five-Year Rule. For the reasons that follow, we vacate the trial court’s order of April 16, 2013, which denied Magnolia’s motion to set aside the judgment, and we remand the case for proceedings not inconsistent with this opinion.

Georgia’s Five-Year Rule provides that “[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…