COUCH v. WALLACE

38576.

249 Ga. 568 (1982)

292 S.E.2d 405

COUCH v. WALLACE.

Supreme Court of Georgia.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Ware & Otonicar, Richard F. Otonicar, for appellant.

G. Robert Howard, for appellee.


CLARKE, Justice.

The trial court dismissed appellant's complaint seeking damages for trespass to land and an injunction resulting in this appeal. We affirm.

This action is the second suit dealing with the same subject matter. An earlier suit had been dismissed by operation of law in that no written order was taken within five years. Code Ann. § 81A-141 (e). A dismissal under this section is not on the merits, and the case may be refiled within six months...

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