Legal Opinion

CARNES BROTHERS, INC. v. Cox

Court of Appeals of Georgia

Decided May 10, 2000No. A00A0578PublishedCited by 8 opinions

1Opinion of the Court

Ellington, Judge.

Carnes Brothers, Inc. appeals from the trial court’s order vacating its dismissal of Darlene Cox’s complaint without prejudice for failure to file a pretrial order in this slip and fall premises liability action. Because we find no abuse of discretion, we affirm.

Cox brought this suit against Carnes Brothers on January 5, 1996, by refiling her complaint pursuant to the renewal statute, OCGA § 9-2-61. The previous action was dismissed on September 27, 1995, when Cox failed to timely file her portion of the pretrial order. On September 2, 1997, the trial court notified the…

2Cases cited4 opinions

  1. Cambron v. Canal InsuranceSupreme Court of Georgia · 1980
  2. Piggly Wiggly Southern, Inc. v. McCookCourt of Appeals of Georgia · 1995
  3. Kendall v. Peach State MacHinery, Inc.Court of Appeals of Georgia · 1994
  4. TJ Brooklyne, Inc. v. SULLIVAN 75, LPCourt of Appeals of Georgia · 1999

3Cited by8 opinions

  1. Kirkley v. JonesCourt of Appeals of Georgia · 2001
  2. North Druid Development, LLC v. Post, Buckley, Schuh & Jernigan, Inc.Court of Appeals of Georgia · 2014
  3. Bridgestone/Firestone North American Tire, LLC v. JenkinsCourt of Appeals of Georgia · 2003
  4. Montgomery v. MorrisCourt of Appeals of Georgia · 2013
  5. Amaechi v. Lib Properties, Ltd.Court of Appeals of Georgia · 2002

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