Legal Opinion

Hearn v. Dekalb County

Court of Appeals of Georgia

Decided October 29, 1968No. 43968PublishedCited by 2 opinions

1Opinion of the Court

Hall, Judge.

By an order dated April 23, 1968, the trial court sustained a motion to dismiss the complaint as to the defendant DeKalb County upon the ground that it failed to state a claim for relief against this defendant, and allowed the plaintiff thirty days to amend. Once a general demurrer or motion to dismiss, based on the merits of the complaint, is sustained with leave to amend within a specified number of days, and no amendment is offered within this time, the judgment becomes final and the dismissal of the complaint automatically follows as a matter of law. Northside Manor v. Vann,…

2Cases cited3 opinions

  1. Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
  2. Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
  3. Life Ins. Co. of Georgia v. BurkeSupreme Court of Georgia · 1963

3Cited by2 opinions

  1. Dargan, Whitington & Conner, Inc. v. KitchenCourt of Appeals of Georgia · 1976
  2. Ansley v. MossCourt of Appeals of Georgia · 1970

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