Georgia Court of Appeals, 1975

Calloway v. Harms

Georgia Court of Appeals · Decided June 9, 1975 · Quillian, Pannell, Clark

217 S.E.2d 184; 135 Ga. App. 54; 1975 Ga. App. LEXIS 1555 (South Eastern Reporter, Second Series)

Opinion

Quillian, Judge.

Under that which was held in Allstate Insurance Co. v. Dobbs, 134 Ga. App. 225 (213 SE2d 915), a dismissal under the provisions of Section 41 (e) of the Civil Practice Act (Code Ann. § 81A-141; Ga. L. 1966, pp. 609, 653) is not on the merits and may be refiled within six months of such dismissal. Code § 3-808, as amended, Ga. L. 1967, pp. 226, 244.

The overruling of the motion in the case sub judice was not error.

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.