GA Code § 9-2-60 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 2 - Actions Generally|Article 4 - Dismissal and Renewal|§ 9-2-60. Dismissal for Want of Prosecution; Costs; Recommencement Within Six Months

  For the purposes of this Code section, an order of continuance will be deemed an order and the word "proceedings" shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding.   Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.   When an action is dismissed under this Code section, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.    (Ga. L. 1953, Nov.-Dec. Sess., p. 342, §§ 1, 2; Ga. L. 1967, p. 557, § 1; Ga. L. 1984, p. 597, § 1.)   Law reviews.   - For article comparing sections of the Georgia Civil Practice Act (Ch. 11 of this title) with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967). For article surveying Georgia cases in the area of trial practice and procedure from June 1977 through May 1978, see 30 Mercer L. Rev. 239 (1978). For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Timing   Writing Requirement   Effect of Dismissal    OPINIONS OF THE ATTORNEY GENERAL    Intent of legislature in passing 1967 version  of this section was to expand scope of original provisions. 1970 Op. Att'y Gen. No. 70-138.   This section controls in appeal of condemnation proceedings.   - Civil Practice Act (Ch. 11 of this title) is controlling in declaration of method of condemnation, and this section is controlling in appeal from award of assessors or special master. 1970 Op. Att'y Gen. No. 70-138.   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Actions, § 3. 24 Am. Jur. 2d, Dismissal, Discontinuance, and Nonsuit, §§ 76, 78 et seq.   C.J.S.   - 27 C.J.S., Dismissal and Nonsuit, § 67 et seq.   ALR.    - Construction and application of statutory requirement or rule of court that action should be brought to trial within specified time, 112 A.L.R. 1158.   Effect of nonsuit, dismissal, or discontinuance of action on previous orders, 11 A.L.R.2d 1407.   Reviving, renewing, or extending judgment by order entered after expiration of statutory limitation period on motion made or proceeding commenced within such period, 52 A.L.R.2d 672.   Illness or death of party, counsel, or witness as excuse for failure to timely prosecute action, 80 A.L.R.2d 1399.   Dismissal of appeal or writ of error for want of prosecution as bar to subsequent appeal, 96 A.L.R.2d 312.   Time when voluntary nonsuit or dismissal may be taken as of right under statute so authorizing at any time before "trial," "commencement of trial," "trial of facts," or the like, 1 A.L.R.3d 711.   What constitutes bringing an action to trial or other activity in case sufficient to avoid dismissal under state statute or court rule requiring such activity within stated time, 32 A.L.R.4th 840.