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Andrew L. Parks Inc. v. Suntrust Bank, West Georgia

The trial court lacked jurisdiction to vacate its order dismissing the plaintiff's case without prejudice based on a motion filed by the defendant after the term of court in which the dismissal was entered.

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Andrew L. Parks, Inc., and Andrew Parks collectively “Parks” appeal the judgment of the trial court granting a motion to clarify judgment that vacated an order dismissing, without prejudice, Parks’ complaint against SunTrust Bank, West Georgia, N. A., f/k/a Trust Company Bank of Columbus, N. A., and SunTrust Bank Card Center “SunTrust”. The judgment also put in effect a later filed order dismissing the complaint against SunTrust with prejudice.

The record shows that Parks sued SunTrust because SunTrust placed the company on a list of merchants whose relationship with SunTrust was terminated for cause. Subsequently, SunTrust answered the complaint denying liability and asserting the defense of failure to state a claim. After discovery, SunTrust moved to dismiss Parks’ complaint under OCGA § 9-11-12 b 6 because it failed to state a claim on which relief could be granted. On May 14, 1999, the trial court signed an order granting this motion and dismissing Parks’ complaint with prejudice. This order, however, was not filed promptly.

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