Legal Opinion
Maroska v. Williams
Court of Appeals of Georgia
Decided May 17, 1978No. 55801PublishedCited by 14 opinions
1Opinion of the Court
Deen, Presiding Judge.
1. Under the provisions of Code §§ 3-512 and 81 A-141 (e) a case is automatically dismissed where no written order has been taken for a five-year period. Thus, the order must be in writing to toll the statute. And no further action need be taken by either party or court, as the dismissal is automatic on the expiration of the five-year period and cannot be waived by a party litigant. Swint v. Smith, 219 Ga. 532, 534 (3) (134 SE2d 595) (1964); Milam v. Mojonnier Bros. Co., 135 Ga. App. 208, 210 (217 SE2d 355) (1975).
2. This case was automatically dismissed upon failure to…
2Cases cited10 opinions
- Swint v. SmithSupreme Court of Georgia · 1964
- Maloy v. Planter's Warehouse & Lumber Co.Court of Appeals of Georgia · 1977
- Adams v. PayneSupreme Court of Georgia · 1964
- Boynton v. ReevesSupreme Court of Georgia · 1970
- Majors v. LewisCourt of Appeals of Georgia · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jefferson v. RossSupreme Court of Georgia · 1983
- Goodwyn v. CarterCourt of Appeals of Georgia · 2001
- Beck v. DeanCourt of Appeals of Georgia · 1985
- Scott v. DeKALB COUNTY HOSPITAL AUTHORITYCourt of Appeals of Georgia · 1983
- Department of Transportation v. Tillett Bros. Construction Co.Supreme Court of Georgia · 1994
9 more not listed; retrieve them via the Exa API.