Hammond v. State of Georgia

Shulman, Chief Judge.

Along with his answer to a URESA petition filed against him, appellant filed a plea in abatement based on the pendency of a URESA action filed against him in 1976. See OCGA § 9-2-5 (a) (Code Ann. § 3-605). After a hearing, the trial court entered an order on January 31,1983, in which it found as a fact that the last order in the previous case was filed on November 12, 1976. The trial court then concluded that since more than five years had passed between the last order in the prior action and the first order in the present action, the prior action had been dismissed by…