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Center Developers Inc. v. Southern Trust Ins. Co.

Nine consolidated cases arising out of a shopping center fire were automatically dismissed after five years passed without an order being filed.

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We granted the application for interlocutory appeal of Center Developers, Inc. and other defendants below for the sole purpose of deciding whether the trial court erred in concluding that the pending actions had not been dismissed by operation of law pursuant to OCGA § § 9-11-41 e and 9-2-60 b.1 The factual and procedural contexts of these cases are fully set out in Southern Trust Ins. Co. v. Center Developers , 217 Ga. App. 215 456 SE2d 608 1995, aff’d. in part and rev’d. in part in May Dept. Store v. Center Developers , 266 Ga. 806 471 SE2d 194 1996, adopted by this Court and remanded in May Dept. Store v. Center Developers , 222 Ga. App. 536 474 SE2d 734 1996.

Following the receipt of the remittiturs in the trial court in September 1996, on May 29, 1998, a hearing was held on these nine cases on numerous motions which were pending before Judge Nix. No orders resolving these motions were ever entered by Judge Nix. These nine cases were then transferred sua sponte from Judge Nix to Judge Flournoy by two orders issued August 7, 2000 and February 12, 2004. It is upon the August 2000 order that plaintiff/appellees rely.

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