Legal Opinion
McCallister v. Knowles
Court of Appeals of Georgia
Decided February 16, 2010No. A09A1672PublishedCited by 4 opinions
1Opinion of the Court
Adams, Judge.
Pursuant to OCGA §§ 9-11-41 (e) and 9-2-60 (b), civil actions in Georgia are dismissed by operation of law when “no written order is taken for a period of five years..." Zepp v. Brannen, 283 Ga. 395, 396 (658 SE2d 567) (2008). In this case, the appellants appeal the dismissal of their civil action pursuant to the five-year rule. The appellants contend the trial court erred by counting the five years from the date the complaint was filed instead of the date service of the answer was perfected.
The record shows the following relevant facts. The appellants filed suit on November 17,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Zepp v. BrannenSupreme Court of Georgia · 2008
- Goodwyn v. CarterCourt of Appeals of Georgia · 2001
- International Longshoremen's Ass'n v. SaundersCourt of Appeals of Georgia · 1987
- Kirkland v. TamplinCourt of Appeals of Georgia · 2007
- Taylor v. KOHLMEYER & COMPANYCourt of Appeals of Georgia · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Willis v. COLUMBUS MEDICAL CENTER, INC.Court of Appeals of Georgia · 2010
- Debra Baldwin v. John Dewayne GayCourt of Appeals of Georgia · 2021
- McCallister v. KnowlesCourt of Appeals of Georgia · 2010
- Nicholas McWilliams v. Marian L. ParkerCourt of Appeals of Georgia · 2021