Calloway v. Harms

Full title: CALLOWAY v. HARMS

Court: Court of Appeals of Georgia

Date published: Jun 9, 1975

217 S.E.2d 184 (Ga. Ct. App. 1975)

217 S.E.2d 184

Opinion

50632.

ARGUED MAY 8, 1975.

DECIDED JUNE 9, 1975.

Action for damages. DeKalb Superior Court. Before Judge Allen.

I. J. Parkerson, A. Russell Blank, for appellant.

Rich, Bass, Kidd Witcher, Charles T. Bass, for appellee.

QUILLIAN, Judge.

Under that which was held in Allstate Insurance Co. v. Dobbs, 134 Ga. App. 225 ( 213 S.E.2d 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.

QUILLIAN, Judge.

ARGUED MAY 8, 1975 — DECIDED JUNE 9, 1975.