O'Hearn v. West

Supreme Court of Georgia

O'Hearn v. West

277 S.E.2d 504, 247 Ga. 597, 1981 Ga. LEXIS 793

Supreme Court of Georgia·Decided April 30, 1981·No. 37126·Published

Opinion

Per curiam.

The trial court dismissed this case by order dated July 9,1979. Plaintiff dismissed the complaint on March 24, 1980. On August 1, 1980, plaintiff moved to set aside the order of July 9,1979. The trial court denied the motion to set aside and plaintiff appeals. Held:

[598]*598Decided April 30, 1981 Rehearing denied May 19, 1981. Moore & Chambliss, Saxby Chambliss, for appellant. Billy G. Fallin, for appellees.

Without an attack upon plaintiffs dismissal of the complaint, plaintiff cannot complain that the trial court dismissed the complaint by order.

Judgment affirmed.

All the Justices concur.

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Per curiam.

The trial court dismissed this case by order dated July 9,1979. Plaintiff dismissed the complaint on March 24, 1980. On August 1, 1980, plaintiff moved to set aside the order of July 9,1979. The trial court denied the motion to set aside and plaintiff appeals. Held:

[598]*598Decided April 30, 1981 Rehearing denied May 19, 1981. Moore & Chambliss, Saxby Chambliss, for appellant. Billy G. Fallin, for appellees.

Without an attack upon plaintiffs dismissal of the complaint, plaintiff cannot complain that the trial court dismissed the complaint by order.

Judgment affirmed.

All the Justices concur.

O'Hearn v. West, 277 S.E.2d 504, 247 Ga. 597, 1981 Ga. LEXIS 793 (Ga. 1981).

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