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Beasley, Judge, concurring specially.
I agree with the opinion and simply wish to point out the following.
Appellant has filed a supplemental brief contending that the five-year dismissal rule does not apply to this case involving an appeal from the amount estimated and deposited by DOT. While that question has had a see-saw history, the current law does not support him. See Fulton County v. Corp. of Latter Day Saints, 133 Ga. App. 847 (212 SE2d 451) (1975); DEHCO, Inc. v. State Hwy. Dept., 147 Ga. App. 476 (249 SE2d 282) (1978). It applies.
He also contends that the record shows that the court acted on the order permitting the leave of absence. Yet there is nothing to show that the court either removed this case from the trial docket because of this order, or elected not to put it on the trial docket because of this order. Thus there was no acknowledgment by the court of the applicability of the order to this case. There was no “continuance” of this case, and thus there was no link between this case and the general order, insofar as action by the court is concerned.
Document Info
Docket Number: 70112
Citation Numbers: 330 S.E.2d 803, 174 Ga. App. 603, 1985 Ga. App. LEXIS 1894
Judges: Deen, Pope, Beasley
Filed Date: 4/17/1985
Precedential Status: Precedential
Modified Date: 11/8/2024