Hearn v. Dekalb County
Court of Appeals of Georgia
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
- Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
- Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
- Life Ins. Co. of Georgia v. BurkeSupreme Court of Georgia · 1963
3Cited by2 opinions
- Dargan, Whitington & Conner, Inc. v. KitchenCourt of Appeals of Georgia · 1976
- Ansley v. MossCourt of Appeals of Georgia · 1970