Intl. Longshoremen's Assn. v. Saunders

In Intl. Longshoremen's Assn. v. Saunders, 182 Ga. App. 301, 302 (1) (355 SE2d 461) (1987), the appellant sought review of the denial of its motion to dismiss under the five-year rule. The appellee had filed suit on January 7, 1976, and the court did not file a written order until January 22, 1981, although the judge had in fact signed that order on December 10, 1980. Id. at 301-302. The trial court denied the motion on two grounds: "that the five-year period established by 9-2-60 (b) did not begin to run until the defendant's amended answer was filed in April 1976, making the single order in the case timely . . . ; and that the order was filed with the original trial judge on December 10, 1980." Id. Thus, this Court first addressed the question of "the date on which the five-year period began to run." Id. at 302 (1). Although service of the complaint was not discussed, the Court rejected the trial court's conclusion that the period began to run when the answer was filed and held that it began to run on the date the complaint was filed. Id.