Barkett v. Jones

I concur in the dissent by Judge Quillian but not necessarily for the same reason.

Here, the trial judge admitted that his usual procedure under Rule 41 (Code Ann. § 24-3341) when a case is called for trial and counsel for the defendant *837announces ready and no motion for continuance is made by the plaintiff, within three minutes, he dismissed "WOP,” that is, for want of prosecution, as was shown by the court in the handwriting of the trial judge on the bench docket submitted in evidence in this case. Under CPA § 41 (Code Ann. § 81A-141(b); Ga. L. 1966 pp. 609, 653), without more, this was a…