Georgia Court of Appeals, 1973

Franks v. Reid

Georgia Court of Appeals · Decided March 8, 1973 · Bell, Deen, Quillian

197 S.E.2d 154; 128 Ga. App. 454; 1973 Ga. App. LEXIS 1510 (South Eastern Reporter, Second Series)

Opinion

Quillian, Judge.

1. Where, as in this case, counsel for the plaintiff announced ready for trial, it was error for the trial judge to dismiss the action for want of prosecution based on the fact that the plaintiff himself was not present. Johnston v. Dollar, 89 Ga. App. 876 (4) (81 SE2d 502).

2. The remaining enumeration of error is without merit.

Judgment reversed.

Bell, C. J., and Deen, J., concur. *455 Larry Cohran, for appellant. Dennis & Fain, Dennis J. Webb, for appellees.

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