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AETNA CASUALTY & SURETY COMPANY v. LEACH

41834.

254 Ga. 265 (1985)

330 S.E.2d 596

AETNA CASUALTY & SURETY COMPANY v. LEACH.

Supreme Court of Georgia.

Decided April 16, 1985.

Attorney(s) appearing for the Case

Cone, Shivers & Presmanes, Gregory T. Presmanes, for appellant.

Repasky & Minin, Alexander J. Repasky, for appellee.

BELL, Justice.

When Terry Leach failed to appear at the call of his lawsuit for trial, counsel for defendant Aetna Casualty and Surety Co. (hereinafter, Aetna) moved to dismiss his complaint. The superior court granted the motion, dismissing the complaint "with prejudice for want of prosecution pursuant to OCGA § 9-11-41 (b)." The Court of Appeals reversed, on the ground that, under the 1982 amendment to OCGA § 9-11-41 (b), Ga. L. 1982, p. 784 (eff. Nov...

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