Turner v. T & T Oldsmobile, Inc., 59464
| Decision Date | 28 May 1980 |
| Docket Number | No. 59464,59464 |
| Citation | 267 S.E.2d 833,154 Ga.App. 228 |
| Parties | TURNER v. T & T OLDSMOBILE, INC. |
| Court | Georgia Court of Appeals |
John N. Crudup, Gainesville, for appellant.
Gibson Dean, II, Buford, for appellee.
Upon plaintiff's failure to attend a pre-trial hearing, the trial court granted defendant's motion to dismiss plaintiff's complaint. In this appeal, plaintiff assigns error to the dismissal of his complaint and to the denial of his motion to set aside that judgment. We find no error.
1. The authority of the trial court to dismiss plaintiff's complaint for failure to appear at a pre-trial hearing is clearly established by Code Ann. § 81A-141(b) and Weeks v. Weeks, 243 Ga. 416, 254 S.E.2d 366. Therefore, the two enumerations of error concerning that authority provide no cause for reversal.
2. Plaintiff's enumeration concerning the denial of his motion to set aside the judgment is equally without merit. There has been no showing of a nonamendable defect or of any lack of jurisdiction such as would support such a motion. See Code Ann. § 81A-160(d); Carver v. Cranford, 122 Ga.App. 100, 176 S.E.2d 272.
3. Plaintiff has contended in each enumeration of error that the trial court's actions in this case constitute an abuse of discretion. Those assertions are based on plaintiff's counsel's efforts to resolve a scheduling conflict. However, there is nothing in the record to show that plaintiff's counsel took any official steps to resolve the conflict: he had his secretary call the judge's secretary, but made no formal request to the trial judge for a continuance or postponement. We find no abuse of discretion in either the dismissal or the denial of plaintiff's motion to set aside the dismissal.
Judgment affirmed.
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Peachtree Winfrey Associates v. Gwinnett County Bd. of Tax Assessors
...hearing is clearly established by [OCGA § 9-11-41(b) ] and Weeks v. Weeks, 243 Ga. 416 (254 SE2d 366)." Turner v. T & T Oldsmobile, 154 Ga.App. 228(1), 267 S.E.2d 833 (1980). "An order of dismissal for failure to appear is discretionary with the trial court and is not subject to review by t......
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Littlejohn v. Tower Associates Ltd., 63751
...which would support a motion to set aside. C&S Nat. Bank v. Burden, 145 Ga.App. 402, 244 S.E.2d 244 (1978); Turner v. T & T Oldsmobile, Inc., 154 Ga.App. 228, 267 S.E.2d 833 (1980). There being no basis for a motion to set aside despite the motion being denoted as such, said motion did not ......
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Boatright v. First Nat. Bank of Alma, 65348
...Weeks v. Weeks, 243 Ga. 416, 254 S.E.2d 366; Scott v. W.S. Badcock Corp., 161 Ga.App. 826, 289 S.E.2d 769; and Turner v. T & T Oldsmobile, 154 Ga.App. 228, 267 S.E.2d 833, can be similarly distinguished: they are cases in which a plaintiff's failure to appear at a pre-trial hearing resulted......
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Scott v. W. S. Badcock Corp.
...is clearly established by Code Ann. § 81A-141(b) and Weeks v. Weeks, 243 Ga. 416, 254 S.E.2d 366 [ (1979) ]." Turner v. T & T Oldsmobile, 154 Ga.App. 228(1), 267 S.E.2d 833 (1980). The opinion of this court in Riden v. Commercial Credit Plan, 136 Ga.App. 191, 220 S.E.2d 746 (1975), is in co......