Harris v. Moody

Full title: HARRIS v. MOODY (two cases)

Court: Court of Appeals of Georgia

Date published: Jan 31, 1978

242 S.E.2d 321 (Ga. Ct. App. 1978)

242 S.E.2d 321

Opinion

54983, 54984.

SUBMITTED JANUARY 16, 1978.

DECIDED JANUARY 31, 1978.

Action for damages. Cobb Superior Court. Before Judge Ravan.

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 had the duty squarely placed on them to obtain a written order of continuance from the court and entered in the record. Salter v. Chatham County, 136 Ga. App. 914 ( 222 S.E.2d 638).

Judgments affirmed. Shulman and Birdsong, JJ., concur.

SUBMITTED JANUARY 16, 1978 — DECIDED JANUARY 31, 1978.