Hamilton v. Maslia

McMurray, Judge.

The decision of this court reversing the judgment of the trial court (Hamilton v. Maslia, 140 Ga. App. 239 (230 SE2d 318)), having been reversed by the Supreme Court (Maslia v. Hamilton, 239 Ga. 52 (235 SE2d 485)), as to Division 2 and vacating Divisions 3 and 4 and the judgment, our decision is hereby vacated. Held:

1. As stated in Maslia v. Hamilton, 239 Ga. 52, supra, the motion to vacate and set aside the judgment and reinstate the case previously dismissed for want of prosecution was filed during the term and needed no rule nisi to preserve consideration during a…