Prosser v. Grant

Birdsong, Presiding Judge.

This suit seeks damages for injuries sustained by appellant arising from an automobile collision with a vehicle driven by appellee. Appellant/plaintiff Samuel Prosser appeals from the order of the superior court granting appellee/defendant Rudy Alexander Grant’s motion to dismiss pursuant to OCGA § 9-11-41 (e). In granting the motion to dismiss, the trial court held that “no order was entered in this case within five (5) years from the date the same was filed and ... it has been more than six (6) months from the date the case would stand automatically dismissed.”…