Boyd v. Crawford

3 Citing cases

  1. Boyd v. Crawford

    519 S.E.2d 306 (Ga. Ct. App. 1999)

    McMURRAY, Presiding Judge. This case first appeared in Boyd v. Crawford, 231 Ga. App. 169 ( 498 S.E.2d 762), where we held that the trial court improperly entered judgment for Michelle D. Crawford as the trial court indicated it had based its decision in part because James Boyd failed to attend a hearing. Because OCGA § 9-11-41(b)(1) limited the trial court to dismissing Boyd's complaint without prejudice, we vacated the trial court's judgment and remanded the case for entry of an order and judgment dismissing Boyd's action without prejudice.

  2. Denney v. Crenshaw

    355 Ga. App. 648 (Ga. Ct. App. 2020)

    A dismissal under OCGA § 9-11-41 (b) for the failure to appear at a summary-judgment hearing, then, in no way conflicts with our Supreme Court's explanation that the failure to appear at such a hearing "is not a sufficient basis for the grant of summary judgment." OCGA § 9-11-41 (b) ; seeChrysler Fin. Servs. Am., LLC v. Benjamin , 325 Ga. App. 579, 580-81 (1), 754 S.E.2d 157 (2014) (holding that trial court did not abuse its discretion by dismissing case based upon the plaintiff's failure to appear at four separate calendar calls, but vacating and remanding to the extent the trial court dismissed the case with prejudice as opposed to without prejudice); Hammonds v. Sherman , 277 Ga. App. 498, 498, 627 S.E.2d 110 (2006) ("A trial court may dismiss a civil action without prejudice for failure to appear at a peremptory calendar call."); Boyd v. Crawford , 231 Ga. App. 169, 170-171 (3), 498 S.E.2d 762 (1998) ("[Because] the superior court's order states that it is partly based on [the] unexcused absence from court, the superior court had no authority to adjudicate the matter and was limited to dismissing, without prejudice[.]"); Peachtree Winfrey Assocs. , 197 Ga. App. at 226, 398 S.E.2d 253 (holding that although trial court did not abuse its discretion by dismissing case for failure to appear at scheduled hearing, the trial court erred by dismissing it with prejudice).

  3. Truitt v. Housing Authority

    235 Ga. App. 92 (Ga. Ct. App. 1998)   Cited 7 times

    OCGA § 15-1-3 (3) and (4). Boyd v. Crawford, 231 Ga. App. 169 ( 498 S.E.2d 762) (1998), is not to the contrary. In Boyd, a de novo appeal of a probate court judgment, we held the trial court improperly entered judgment for the defendant after the plaintiff failed to attend the hearing.