Franks v. Reid

Full title: FRANKS v. REID et al

Court: Court of Appeals of Georgia

Date published: Mar 8, 1973

197 S.E.2d 154 (Ga. Ct. App. 1973)

197 S.E.2d 154

Opinion

47899.

ARGUED FEBRUARY 5, 1973.

DECIDED MARCH 8, 1973.

Dismissal of action. Fulton Superior Court. Before Judge Wofford.

Larry Cohran, for appellant.

Dennis Fain, Dennis J. Webb, for appellees.

QUILLIAN, Judge.

1. Where, as in this case, counsel for the plaintiff announced ready for trial, it was error for the trial judge to dismiss the action for want of prosecution based on the fact that the plaintiff himself was not present. Johnston v. Dollar, 89 Ga. App. 876 (4) ( 81 S.E.2d 502).

2. The remaining enumeration of error is without merit.

Judgment reversed. Bell, C. J., and Deen, J., concur.

QUILLIAN, Judge.

ARGUED FEBRUARY 5, 1973 — DECIDED MARCH 8, 1973.