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CORNELIUS v. MORRIS BROWN COLLEGE

Nos. A09A0394, A09A0395.

681 S.E.2d 730 (2009)

CORNELIUS et al. v. MORRIS BROWN COLLEGE et al. Morris Brown College et al. v. Cornelius et al.

Court of Appeals of Georgia.

July 14, 2009.

Attorney(s) appearing for the Case

Charles A. Mathis, Jr., Atlanta, for appellants.

Swift, Currie, McGhee & Hiers, Bradley S. Wolff, Atlanta, for appellees.

ANDREWS, Presiding Judge.

On March 12, 2008, a trial court entered an order memorializing the August 2007 automatic dismissal of this wrongful death action for failure to prosecute. In Case No. A09A0394, plaintiffs Hartwill Cornelius III and Patricia Cornelius argue that their motion to stay the action under the Servicemembers Civil Relief Act, 50 USC Appx. § 526, preempted and tolled the five-year rule set out in OCGA § 9-2-60(b). In Case No. A09A0395,...

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