Ogundele v. Camelot Club Condominium Ass'n
Ogundele v. Camelot Club Condominium Ass'n
Opinion of the Court
In this second appearance of this case before this court, Kunle Ogundele contests the dismissal of his case. Because the trial court correctly determined that the case had been automatically dismissed pursuant to OCGA § 9-2-60, we affirm.
Ogundele, pro se, sued Camelot Club Condominium Association and its employee, Regina Bradley, to recover damages for the wrongful towing away of his automobile. After a trial, judgment was entered upon the jury’s verdict in favor of the defendants. In the first appearance of this case before this court, we determined in an
On April 2, 2003, Bradley moved to dismiss Ogundele’s case, citing OCGA § 9-2-60 (b), which provides, “Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.” Finding that no written order had been entered during a period in excess of five years, the court ruled that the case had been automatically dismissed.
1. Citing Jefferson v. Ross
In Jefferson, “[t]he litigation... [had] been resolved by jury trial and verdict, and all that remained] [was] the entry of judgment reflecting what ha[d] already been accomplished.”
In Faircloth, there had been a default on an action for liquidated damages, and the time during which the default might have been opened as a matter of right had expired. This court determined that
But this case is distinguishable from Jefferson and Faircloth. In those cases, the litigation had been resolved and the only task remaining for the plaintiff was to have judgment entered. Here, only the issue of liability had been resolved. As we directed in our first opinion in this case, because the damages were unliquidated, the task of establishing damages remained pending for Ogundele.
2. Ogundele argues that his case should not have been dismissed, asserting that he had not been dilatory. He points out that in 2000, he filed a motion for a leave of absence through January 5,2001, and that later, he secured the date of April 2, 2003, for a hearing on damages. He asserts that no order was entered on his motion because his case had been bounced from judge to judge.
Ogundele cites no authority that precludes application of the five year rule based on his assertions, and we find none. “[The five year rule] places upon a plaintiff who wishes to avoid an automatic dismissal of his case by operation of law a duty to obtain a written order of continuance or other written order at some time during a five year period and to make sure the same is entered in the record.”
Judgment affirmed.
Ogundele v. Camelot Club Condos., 224 Ga. App. XXIX (1997).
250 Ga. 817 (301 SE2d 268) (1983).
169 Ga. App. 914 (315 SE2d 434) (1984).
(Citation and punctuation omitted.) Id.
See OCGA§ 9-11-55 (a); Wise Moving & Storage v. Rieser-Roth, 259 Ga. App. 832, 834 (2) (578 SE2d 535) (2003).
(Citations omitted.) Swint v. Smith, 219 Ga. 532, 534 (1) (134 SE2d 595) (1964); see Goodwyn v. Carter, 252 Ga. App. 114, 116 (555 SE2d 474) (2001).
See Swint, supra at 535 (6).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.