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Lawskills.com Georgia Caselaw
ACCURATE BONDING COMPANY v. PONDER.
71020.
MCMURRAY, Presiding Judge.
Action for damages. Fulton Superior Court. Before Judge Tanksley, Senior Judge.
The trial court's ruling on a motion to dismiss with prejudice for failure to prosecute should not be based solely on absence but on all the circumstances of the case. Spyropoulos v. John Linard Estate, 243 Ga. 518, 519 (255 SE2d 40); Hancock v. Oates, 244 Ga. 175, 176 (259 SE2d 437); Maolud v. Keller, 153 Ga. App. 268 (265 SE2d 86). No court reporter was present when defendant's motion was originally made. For purposes of perfecting the record, the motion was renewed after plaintiff appeared. The trial court, in denying defendant's renewed motion, stated: "I think within our normal method of operation, the plaintiff came in in due time and the case has [proceeded] to trial and I think both parties have had a full hearing." We find no abuse of discretion.
James D. McGuire, for appellee.
Gaines C. Granade, for appellant.
DECIDED OCTOBER 3, 1985.
Friday July 25 10:04 CDT


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