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TATE v. DEPARTMENT OF TRANSP.

No. A03A0424.

582 S.E.2d 162 (2003)

261 Ga. App. 192

TATE v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

May 7, 2003.

Attorney(s) appearing for the Case

J. Richardson Brannon, Gainesville, for appellant.

Thurbert E. Baker, Atty. Gen., Kathleen M. Pacious, Deputy Atty. Gen., Loretta L. Pinkston, Senior Asst. Atty. Gen., for appellee.

MILLER, Judge.

Seeking to recover for her husband's death as a result of an auto accident, Monique Tate sued the Georgia Department of Transportation (DOT) for negligence. Years later, the DOT asked the court to declare the case dismissed for want of prosecution. The court ordered that the case was dismissed as of five years after the last order in the case was entered. Tate appeals this order. We hold that under the rule set forth in OCGA §§ 9-2-60(b) and...

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