Harris v. Moody

Court of Appeals of Georgia

Decided January 31, 1978

Court of Appeals of Georgia · decided 1978-01-31

Relies on 136 Ga. App. 914 - Salter v. Chatham County

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Decided 1978-01-31

How this case has been cited

Cited by 5 later decisions — most recently May 2003

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, Chief Judge.

¶1 The complaints in these suits were dismissed under CPA § 41(e) (Code Ann. § 81A-141 (e)) and Code § 3-512 as no written order was entered in either for a period of five years.

¶2 The plaintiffs contend that an agreement between counsel to continue the case entered in the record prior to the lapse of five years was sufficient to avoid the mandatory dismissal provisions of the statutes. This contention has no merit as plaintiffs had the duty squarely placed on them to obtain a written order of continuance from the court and entered in the record. Salter v. Chatham County, 136 Ga. App. 914 (222 SE2d 638).

¶3 Judgments affirmed.

Shulman and Birdsong, JJ., concur.