CRANFORD v. CARVER

46586.

124 Ga. App. 767 (1971)

186 S.E.2d 150

CRANFORD et al. v. CARVER.

Court of Appeals of Georgia.

Decided October 5, 1971.

Rehearing Denied November 3, 1971.


Attorney(s) appearing for the Case

Beck, Goddard, Owen, Squires & Murray, Samuel A. Murray, for appellants.

Troutman, Sams, Schroder & Lockerman, Robert L. Pennington, Lewis, Lewis, Spearman & Bynum, Joe H. Bynum, Jr., for appellee.


WHITMAN, Judge.

The defendant-appellants' motion to dismiss the plaintiff's complaint on the ground that the complaint involved the identical claim and identical parties as a prior action, which prior action was ordered dismissed with prejudice on defendants' motion for plaintiff's failure to prosecute, should have been granted.

The Civil Practice Act provides: "For failure of the plaintiff to prosecute ... a defendant may move for dismissal of an action or...

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