DEEN, Presiding Judge.
1. Under the provisions of Code §§ 3-512 and 81A-141 (e) a case is automatically dismissed where no written order has been taken for a five-year period. Thus, the order must be in writing to toll the statute. And no further action need be taken by either party or court, as the dismissal is automatic on the expiration of the five-year period and cannot be waived by a party litigant. Swint v. Smith,
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