Harris v. Moody

Court of Appeals of Georgia

Harris v. Moody

242 S.E.2d 321, 144 Ga. App. 656, 1978 Ga. App. LEXIS 1728

CourtCourt of Appeals of Georgia

DecidedJanuary 31, 1978

Docket54983, 54984

StatusPublished

Cited by5 cases

This text of 242 S.E.2d 321 (Harris v. Moody) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harris v. Moody, 242 S.E.2d 321, 144 Ga. App. 656, 1978 Ga. App. LEXIS 1728 (Ga. Ct. App. 1978).

Pincite

Opinion

Bell, Chief Judge.

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.

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).

Judgments affirmed.

Shulman and Birdsong, JJ., concur.

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