Howard v. Economy Lodging Sys. Inc.

The plaintiff's personal injury action against the defendant was automatically dismissed under O.C.G.A. § 9-2-60 b, since no written order was entered in the case for more than five years.

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Plaintiff/appellant G. Robert Howard filed a complaint seeking damages for personal injuries against defendant/appellee Economy Lodging Systems, Inc d/b/a Knights Inn on August 24, 1994. Economy filed a bankruptcy petition on October 4, 1994, and The United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, issued a stay of the proceedings on October 28, 1994. Pursuant to the motion of both parties, the stay was modified on May 13, 1996 “to . . . permit Howard to resume prosecution of his lawsuit in the State Court of Fulton County, Georgia against Economy . . . .” but to recover only to the extent of any applicable insurance. On January 9, 2001, counsel for Economy sent a letter to the trial court stating that the case had been automatically dismissed pursuant to OCGA § 9-2-60 b because no written order had been entered in the case since January 6, 1995, when an order granting a leave of absence for Economy’s attorney was entered. Several notations were made on the letter, including the notation “Not Dismissed” which was handwritten across the top of the letter. There is no stamp on the letter or anything to indicate it had been filed or entered in the records of the trial court.

On October 6, 2003, Economy Lodging filed a motion to strike the complaint, again arguing that the case stood automatically dismissed because no order had been entered in the case since January 6, 1995. The trial court granted the motion to strike, and this appeal followed.

Howard v. Economy Lodging Sys. Inc.

The plaintiff's personal injury action against the defendant was automatically dismissed under O.C.G.A. § 9-2-60 b, since no written order was entered in the case for more than five years.

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