ZAUN v. NOBLES

47733.

128 Ga. App. 846 (1973)

198 S.E.2d 326

ZAUN v. NOBLES.

Court of Appeals of Georgia.

Decided April 3, 1973.

Rehearing Denied April 20, 1973.


Attorney(s) appearing for the Case

Edward Parrish, for appellant.

Young, Young & Ellerbee, O. Wayne Ellerbee, for appellee.


BELL, Chief Judge.

In this case a prior action between the same parties for the same claim was dismissed by the trial court for the plaintiff's failure to prosecute and to make discovery. In the instant case the defendant defended on the grounds that the dismissal of the prior suit was res judicata. Where, as here, it appears that a prior dismissal of the case was involuntary under CPA Section 41 (b) (Code Ann. § 81A-141 (b)) and the trial court did not specify...

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