Keriaze v. National Bank

Birdsong, Judge.

This case earlier appeared before this court (National Bank of Ga. v. Keriaze, 163 Ga. App. 652 (294 SE2d 688)); but on remand, when the case was called for trial on appellant’s counterclaim, the appellants failed to appear. The trial court dismissed the counterclaim. Held:

Appellants contend the dismissal of their counterclaim was an abuse of discretion, in that the trial court failed to consider the circumstances of the case and hence failed to exercise any discretion at all, as in Spyropoulos v. John Linard Estate, 243 Ga. 518 (255 SE2d 40). However, unlike the case in…