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McLANAHAN v. KEITH

52738.

140 Ga. App. 171 (1976)

230 S.E.2d 57

McLANAHAN et al. v. KEITH.

Court of Appeals of Georgia.

Decided October 4, 1976.

Rehearing Denied October 25, 1976.

Attorney(s) appearing for the Case

Grant, Smith & Shiver, Truett P. Smith, William F. Grant, for appellants.

E. Phil Duderwicz, David W. Griffeth, for appellee.

MARSHALL, Judge.

Appellants, defendants below, bring this appeal from the ex parte dismissal of appellee's cause of action sua sponte by the trial court. The principal ground of the appeal is that appellants were denied a hearing by the trial court at the time the complaint was dismissed.

This unusual situation in which a defendant complains of the dismissal of a lawsuit brought against them arose in the following manner. Appellants are

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