Louise Lunsford appeals from the trial court’s order granting a motion to dismiss filed by DeKalb Medical Center the hospital. Because the court subsequently set aside the dismissal, however, the basis for Lunsford’s appeal is moot, and for the reasons that follow, we dismiss the appeal and remand this case to the trial court for proceedings consistent with this opinion. Lunsford filed a personal injury complaint against the hospital in October 1999 but subsequently dismissed it without prejudice and filed a renewal action. The hospital answered and moved to dismiss the renewal action, arguing among other things that Lunsford had failed to pay costs as required by OCGA § 9-11-41 d. Lunsford failed to respond to the motion, and the trial court granted it. In its order of dismissal dated November 8, 2001, the court concluded that costs in the previous action had not been paid. On December 7, Lunsford moved to extend the time in which she could file a notice of appeal of the November 8 order. The trial court granted the motion, extending the time in which Lunsford could file an appeal until January 9, 2002.
On December 10, Lunsford filed a motion to vacate, set aside, and reconsider the dismissal order. In support of the motion, her attorney attached his own affidavit, in which he stated that he had personally met with the Clerk of DeKalb County Superior Court and had unsuccessfully requested a copy of computerized dockets and payment records. Counsel further stated that when he refiled the lawsuit, he “made inquiry as certified in the exhibit to the re-filed complaint, and requested that my proposed certificate be signed by one of the clerks, and this request was not complied with, based on policies of the clerk’s office in which they are not willing to express an opinion as to whether any costs might be due or not.” According to Lunsford’s counsel, it was impossible to obtain a certificate showing that no costs were due from the clerk’s office, “even though a cost payment of $90.00 for filing and service shows on their computer screen from when paid October 15, 1999, at the time of the original filing. He further stated that he never received any bill showing costs due concerning the first action
