Calloway v. Harms
135 Ga. App. 54
| Ga. Ct. App. | 1975|
Check TreatmentCALLOWAY
v.
HARMS.
Court of Appeals of Georgia.
I. J. Parkerson, A. Russell Blank, for appellant.
Rich, Bass, Kidd & Witcher, Charles T. Bass, for appellee.
QUILLIAN, Judge.
Under that which was held in Allstate Insurance Co. v. Dobbs, 134 Ga. App. 225 (213 SE2d 915), a dismissal under the provisions of Section 41 (e) of the Civil Practice Act (Code Ann. § 81A-141; Ga. L. 1966, pp. 609, 653) is not on the merits and may be refiled within six months of such dismissal. Code § 3-808, as amended, Ga. L. 1967, pp. 226, 244.
The overruling of the motion in the case sub judice was not error.
Judgment affirmed. Pannell, P. J., and Clark, J., concur.