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Bridgestone/Firestone N. Am. Tire LLC v. Jenkins

The trial court lacked jurisdiction to vacate the dismissal of plaintiff's tort suit outside the term of court in which the dismissal was entered.

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We granted Bridgestone/Firestone, Inc.’s application for interlocutory review of the trial court’s order vacating its order dismissing Keith Jenkins’s suit for failure to pay transfer costs. Because more than two terms of court had passed when the court vacated the order, the court was without jurisdiction to do so. Accordingly, we reverse. Jenkins sued Bridgestone/Firestone in tort in Liberty County. The parties agreed that venue was proper in Gwinnett County and on August 23, 2001, the Liberty County Superior Court entered an order transferring the case to Gwinnett County and directing Jenkins to pay the transfer fee and other costs within twenty days. The order contained the language required by Uniform Superior Court Rule 19.1 G, which provides that unless plaintiff pays all accrued court costs within 20 days of mailing or delivery of the cost bill to plaintiff, the action shall automatically stand dismissed without prejudice. Jenkins did not pay any costs and his suit was automatically dismissed.

On May 8, 2002, eight and a half months after the court entered the transfer order and after the expiration of two terms of court, Jenkins’s counsel filed a motion to vacate the August 2001 transfer order. Counsel stated that he did not receive a copy of the order and he did not receive a bill of costs from the clerk. He also filed a motion for additional time to pay the transfer costs.

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