Henry v. Dep't of Transp., 339 S.E.2d 715 (Ga. 1986). · Go Syfert
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Henry v. Dep't of Transp., 339 S.E.2d 715 (Ga. 1986). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Nelson v. Haugabrook (gactapp, 2006-11-15)
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discussed Cited as authority (rule) Nelson v. Haugabrook
Ga. Ct. App. · 2006 · confidence medium
J., and Smith, P. J., concur. 1 See OCGA§§ 9-2-60 (b); 9-11-41 (e). 2 278 Ga. 65 ( 597 SE2d 382 ) (2004). 3 Id. at 68 (citations omitted). 4 See Division 2, infra. 5 See Kachwalla v. Byrne, 198 Ga. App. 454 ( 402 SE2d 74 ) (1991) (appellate court order is not signed by trial court and thus is not cognizable as an “order” for purposes of OCGA § 9-2-60 (b)). 6 For purposes here, we assume, but do not decide, that this order was within the meanings of OCGA §§ 9-2-6Ú (c) and 9-11-41 (e). 7 168 Ga. App. 387 ( 308 SE2d 848 ) (1983). 8 (Emphasis supplied.) 9 See Cherry v. Coast House, Ltd.,…
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HENRY
v.
DEPARTMENT OF TRANSPORTATION
42981.
Supreme Court of Georgia.
Feb 25, 1986.
339 S.E.2d 715
Thomas A. Bowman, for appellant., Sams, Glover & Gentry, Richard W. Calhoun, Michael J. Bowers, Attorney General, Roland F. Matson, Senior Assistant Attorney General, for appellees.
Cited by 1 opinion  |  Published
Per curiam.

A trustee in bankruptcy sought to pursue in the superior court, as an asset of the debtor, a damage suit commenced by the debtor, as[*468] plaintiff, against Cobb County. The trial court entered an order declaring the case dismissed by operation of law under 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.”

Decided February 25, 1986. Thomas A. Bowman, for appellant. Sams, Glover & Gentry, Richard W. Calhoun, Michael J. Bowers, Attorney General, Roland F. Matson, Senior Assistant Attorney General, for appellees.

Excluding the period of time between commencement of the bankruptcy proceedings and “60 days after the order for relief,” 11 USCA § 108 (b), the interval between the taking of written orders in superior court was in excess of five years. Accordingly, the trial court correctly found the complaint to be dismissed. See West v. Dept. of Transp., 174 Ga. App. 603 (330 SE2d 803) (1985).

Judgment affirmed.

All the Justices concur.