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HENRY v. DEPARTMENT OF TRANSPORTATION

42981.

255 Ga. 467 (1986)

339 S.E.2d 715

HENRY v. DEPARTMENT OF TRANSPORTATION et al.

Supreme Court of Georgia.

Decided February 25, 1986.

Attorney(s) appearing for the Case

Thomas A. Bowman, for appellant.

Sams, Glover & Gentry, Richard W. Calhoun, Michael J. Bowers, Attorney General, Roland F. Matson, Senior Assistant Attorney General, for appellees.

PER CURIAM.

A trustee in bankruptcy sought to pursue in the superior court, as an asset of the debtor, a damage suit commenced by the debtor, as plaintiff, against Cobb County. The trial court entered an order declaring the case dismissed by operation of law under OCGA § 9-2-60 (b), which provides: "Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period...

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