Legal Opinion

Dollar v. Webb

Court of Appeals of Georgia

Decided October 4, 1974No. 49669PublishedCited by 11 opinions

1Opinion of the Court

Deen, Judge.

The procedural rule to the effect that any suit in which no written order is taken for a period of five years "shall automatically stand dismissed,” formerly codified as Code Ann. § 3-512 and now as Code Ann. § 81A-141 (e) has no Federal counterpart. The meaning of an automatic dismissal has been considered in connection with other procedural rules. It was held in Hayes v. Simpson, 83 Ga. App. 22 (b) (62 SE2d 441) in connection with former demurrer practice that when a case stood automatically dismissed this meant that it was completely lifeless for all purposes from the date of…

2Cases cited1 opinion

  1. Hayes v. SimpsonCourt of Appeals of Georgia · 1950

3Cited by11 opinions

  1. Fulton County v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day SaintsCourt of Appeals of Georgia · 1975
  2. Goodwyn v. CarterCourt of Appeals of Georgia · 2001
  3. Cornelius v. Morris Brown CollegeCourt of Appeals of Georgia · 2009
  4. Harris v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1975
  5. Salter v. Chatham CountyCourt of Appeals of Georgia · 1975

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