This appeal arises from the dismissal with prejudice of a civil action.
Appellant filed an appeal to the superior court from a decision of appellee, the Gwinnett County Board of Tax Assessors. Following discovery, the trial court published an order scheduling the pre-trial conference for “Friday, January 31, 1990.” Reference to a 1990 calendar reveals that January 31, 1990, fell on Wednesday instead of Friday. When appellant did not appear at the pre-trial conference, the trial court, upon motion of the appellee, dismissed with prejudice appellant’s action for want of prosecution.
In three enumerations of error, appellant contends that the trial court erred in dismissing its action for want of prosecution. Appellant argues that the error in the scheduling order created confusion which resulted in its attorney’s failure to appear at the pre-trial conference. “The authority of the trial court to dismiss plaintiff’s complaint for failure to appear at a pretrial hearing is clearly established by [OCGA § 9-11-41 (b)] and
Weeks v. Weeks,
OCGA § 9-11-41 (b) (1) as amended in 1982 provides that “[a] dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits.” “Since a dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits, it follows that such a dismissal cannot be with prejudice.”
Leach v. Aetna Cas. &c. Co.,
Judgment reversed.
