FLOYD & BEASLEY TRANSFER CO., INC. v. Copeland

Carlisle, Presiding Judge.

1. Where a motion to dismiss an action is sustained by the trial court and it appears from the record that the ground upon which this motion was sustained was not a ground which adjudicated the merits of the controversy, such judgment of dismissal will not be a bar to a subsequent proceeding for the same cause of action brought within the time allowed by law. Code §§ 110-503, 110-504. Keith v. Darby, 104 Ga. App. 624 (122 SE2d 463) and cits.

2. The foregoing rule of law is applicable to those cases where ■ the dismissal was for want of prosecution. Kinney v. Avery &…