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MAXEY v. COVINGTON

46797.

126 Ga. App. 197 (1972)

190 S.E.2d 448

MAXEY v. COVINGTON.

Court of Appeals of Georgia.

Decided April 12, 1972.

Rehearing Denied May 4, 1972.

Attorney(s) appearing for the Case

Greer & Murray, Frank J. Klosik, Jr., for appellant.

Phillip Slotin, for appellee.

HALL, Presiding Judge.

The issue on this appeal is whether the dismissal of the first action was an adjudication on the merits which would bar a subsequent action. Plaintiff relies upon Code § 110-503 which states that "a former recovery on grounds purely technical" shall not be a bar. Prior to the adoption of the CPA, a dismissal for failure of a plaintiff to comply with an order requiring answers to interrogatories was within the "purely technical" rule...

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