Westwind Corp. v. Washington Fed. Sav. & Loan Ass'n, 393 S.E.2d 479 (Ga. Ct. App. 1990). · Go Syfert
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Westwind Corp. v. Washington Fed. Sav. & Loan Ass'n, 393 S.E.2d 479 (Ga. Ct. App. 1990). Cases Citing This Book View Copy Cite
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An appellate court will not review merits issues not decided by the trial court, and dismissal for failure to prosecute is proper when parties ignore jury calendar calls.

A corporation appealed two writs of possession granted by a magistrate court to a savings and loan association. The superior court dismissed both appeals under the failure-to-prosecute statute because the appellant and its counsel failed to respond to jury calendar calls. The court of appeals addresses whether the superior court erred in dismissing the appeals and whether the dismissal orders complied with statutory requirements. The court applies the rule that an appellate court reviews only errors made by the trial court and finds that the superior court did not rule on the merits of the underlying possession actions. The court further determines that the dismissal orders met the statutory requirements for failure to prosecute. The court affirms the superior court's judgments dismissing the appeals.

377 citation events (361 in the last 25 years) across 2 distinct courts.
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195 Ga. App. at 411 Dismissal of appeals for failure to prosecute under statute117 citing casesSognier, Judge. Westwind Corporation filed two appeals in the Superior Court of Hall County from writs of possession granted by a magistrate court to…opening of page *411 (no citing court says what it cites this page for) · 116 listed here
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WESTWIND CORPORATION
v.
WASHINGTON FEDERAL SAVINGS & LOAN ASSOCIATION (Two Cases)
A90A0596, A90A0597.
Court of Appeals of Georgia.
Apr 3, 1990.
Published opinion
393 S.E.2d 479
1990 Ga. App. LEXIS 529
Harrison Cronic, pro se., Campbell, Martin & Manley, David B. Manley III, for appellee.
Sognier, Carley, McMurray.
Cited by 159 opinions  |  Published
Sognier, Judge.

Westwind Corporation filed two appeals in the Superior Court of Hall County from writs of possession granted by a magistrate court to Washington Federal Savings & Loan Association. Both appeals were dismissed under OCGA § 9-11-41 (b) for failure to prosecute. This opinion consolidates Westwind Corporation’s appeals from those dismissals.

1. Appellant enumerates five errors regarding the writs of possession issued by the magistrate court. The record affirmatively establishes that the superior court did not rule on any matters involving the merits of appellant’s appeals from the magistrate court’s orders. There is thus no ruling on these matters which we can properly consider, “for ‘this court will review and correct only such error as was made in the trial court. . . . (Cit.)’ [Cit.]” Chrysler Corp. v. Marinari, 182 Ga. App. 399, 403 (3) (355 SE2d 719) (1987).

2. The orders dismissing appellant’s appeals recite that the actions were dismissed because neither appellant nor counsel for appellant responded to the jury calendar calls of those actions. These orders met the requirements of OCGA § 9-11-52 (a) and (b). Scott v. W. S. Badcock Corp., 161 Ga. App. 826 (1) (289 SE2d 769) (1982). Accordingly, appellant’s fourth enumeration presents no ground for reversal of the superior court’s orders.

Judgments affirmed.

Carley, C. J., and McMurray, P. J., concur. [*412] Decided April 3, 1990 Rehearing denied April 19, 1990 Harrison Cronic, pro se. Campbell, Martin & Manley, David B. Manley III, for appellee.