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MED. ASSISTANCE v. COLUMBIA CONVALESCENT CENTER

Nos. S95A0497, S95X0499.

458 S.E.2d 635 (1995)

265 Ga. 638

GEORGIA DEPARTMENT OF MEDICAL ASSISTANCE v. COLUMBIA CONVALESCENT CENTER et al. COLUMBIA CONVALESCENT CENTER et al. v. GEORGIA DEPARTMENT OF MEDICAL ASSISTANCE.

Supreme Court of Georgia.

Reconsideration Denied July 28, 1995.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., William C. Joy, Kathryn L. Allen, Sr. Asst. Attys. Gen., State Law Department, Atlanta, for Georgia Dept. of Medical Assistance.

Albert H. Dallas, Dallas, Fowler & Wills, Thomson, Robert M. Heard, E. Freeman Leverett, Heard Leverett Phelps Weaver & Campbell, Elberton, for Columbia Convalescent Center.

Gerald R. Weber, American Civil Liberties Union, Atlanta, Samuel W. Oates, Jr., Columbus, Elizabeth F. Bunce, Keith A. McIntyre, Franklin, Taulbee, Rushing & Bunce, Statesboro, Douglas P. Haines, Athens, Eric E. Huber, Atlanta, amici curiae.

SEARS, Justice.

This appeal and cross-appeal involve the constitutionality of two statutes. One is OCGA § 9-2-60, which provides that if no written order is taken in an action for five years, the action "shall automatically stand dismissed" (the "automatic dismissal statute").1 The other is OCGA § 9-10-2, which provides that certain judicial actions taken in cases in which the state is a party are void unless, among other things...

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