HARRIS v. MOODY

54983, 54984.

144 Ga. App. 656 (1978)

242 S.E.2d 321

HARRIS v. MOODY (two cases).

Court of Appeals of Georgia.

Decided January 31, 1978.


Attorney(s) appearing for the Case

Morris, O'Brien & Manning, Barry B. McGough, for appellants.

Brackett, Arnall & Stephens, C. F. Brackett, Jr., for appellee.


BELL, Chief Judge.

The complaints in these suits were dismissed under CPA § 41 (e) (Code Ann. § 81A-141 (e)) and Code § 3-512 as no written order was entered in either for a period of five years.

The plaintiffs contend that an agreement between counsel to continue the case entered in the record prior to the lapse of five years was sufficient to avoid the mandatory dismissal provisions of the statutes. This contention has no merit as plaintiffs...

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