McCALLISTER v. KNOWLES

No. A09A1672.

691 S.E.2d 280 (2010)

McCALLISTER et al. v. KNOWLES et al.

Court of Appeals of Georgia.

February 16, 2010.


Attorney(s) appearing for the Case

Claxton & Claxton, William P. Claxton, Atlanta, Darcy S. Duval, for appellants.

Harper, Waldon & Craig, Russell D. Waldon, Sebastian C. Suma, Atlanta, for appellees.


ADAMS, Judge.

Pursuant to OCGA §§ 9-11-41(e) and 9-2-60(b), civil actions in Georgia are dismissed by operation of law when "no written order is taken for a period of five years...." Zepp v. Brannen, 283 Ga. 395, 396, 658 S.E.2d 567 (2008). In this case, the appellants appeal the dismissal of their civil action pursuant to the five-year rule. The appellants contend the trial court erred by counting the five years...

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