Weeks v. Weeks

Supreme Court of Georgia

Weeks v. Weeks

254 S.E.2d 366, 243 Ga. 416, 1979 Ga. LEXIS 919

CourtSupreme Court of Georgia

DecidedApril 4, 1979

Docket34628

StatusPublished

Cited by14 cases

This text of 254 S.E.2d 366 (Weeks v. Weeks) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weeks v. Weeks, 254 S.E.2d 366, 243 Ga. 416, 1979 Ga. LEXIS 919 (Ga. 1979).

Pincite

Opinion

Bowles, Justice.

Appellant filed a complaint for divorce and child custody in Berrien Superior Court. The case was set down for a pre-trial hearing on a specified date, at a specified time and both parties were ordered to be present at the hearing. Neither appellant nor his counsel appeared at the hearing. The judge had not excused their appearance. Appellee made a motion to dismiss the complaint, which motion was granted. Appeal is taken from the order dismissing the complaint. We affirm;

Code Ann. § 81 A-141 (b) authorizes the trial court, upon motion, to dismiss any action for failure of the plaintiff to comply with an order of the court, including an order to appear at a pre-trial hearing. The court’s order of dismissal not otherwise specifying, the dismissal of appellant’s complaint acted as an adjudication on the merits and superseded any temporary orders issued in the case.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI