Gorlin v. First National Bank

250 S.E.2d 798, 148 Ga. App. 133, 1978 Ga. App. LEXIS 3050

Opinions

Webb, Judge.

Since this case was scheduled for trial on the calendar of the State Court of DeKalb County, which was duly published in the official organ of that County, it was error for the court to set aside its prior dismissal under the "three-minute rule,” Code Ann. § 24-3341, on the ground that counsel had no notice of the trial. Rockmart Bank v. Beck, 129 Ga. App. 457 (199 SE2d 907) (1973); Schwartz v. C & S Mtg. Co., 142 Ga. App. 682 (236 SE2d 856) (1977); Gregson v. Webb, 143 Ga. App. 577 (2) (239 SE2d 230) (1977).

Argued September 5, 1978 Decided October 25, 1978 Rehearing denied November 16, 1978 Long & MacDowell, Fred MacDowell, for appellant. Boney & Boney, F. H. Boney, for appellee.

Vaughan v. Car Tapes, Inc., 135 Ga. App. 178 (217 SE2d 436) (1975) relied upon by appellee bank differs from this case. There the court rules had not been complied with due to the mistake by the clerk’s office in apparently mailing the trial calendar to the wrong attorney and the attorney of record did not receive it. Here, as in Askren v. Allen, 132 Ga. App. 292 (208 SE2d 165) (1974), the trial calendar listing this case for trial, and the names of counsel, had been published in the official organ of DeKalb County, and that was sufficient notice to the parties of the pending trial in that court.

Judgment reversed.

Bell, C. J., Deen, P. J., Quillian, P.J., Smith, Shulman, Banke and Birdsong, JJ., concur. McMurray, J., dissents.