`**E-FILED**
`19EV002436
`3/18/2020 4:25 PM
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`LeNora Ponzo, Clerk
`Civil Division
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`IN THE STATE COURT OF FULTON COUNTY
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`STATE OF GEORGIA
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`MYOSHI M. HORNE,
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`Plaintiff,
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`vs.
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`CIVIL ACTION FILE
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`DONNA LEE JACQUES,
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`NO.: 19EV002436
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`Defendant.
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`ORDER DENYING CONSENT MOTION TO OPEN DEFAULT
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`This case is before the Court on the parties’ Consent Motion to Open Default filed on
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`March 17, 2020. This case came before the Court on its January 31, 2020 One (1) Day Civil
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`Bench/Default (Evidentiary Hearing) Calendar. Plaintiff and Defendant failed to appear at the
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`call of the Calendar and the Court entered an Order Dismissing Action Without Prejudice
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`pursuant to O.C.G.A. § 9-11-41(b). “It is well-settled that the dismissal of a lawsuit generally
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`deprives the trial court ofjurisdiction to take further action in a case.” Barnes V. Cannon, 347 Ga.
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`App. 517, 518, 802 S.E.2d 155 (2018).
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`“Thus, a dismissal operates to divest the court of
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`jurisdiction, after which the trial court has no authority to enter additional orders. ...” Li. at 518-
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`19. Importantly, the Court dismissed this case; the case is not in default. Accordingly,
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`IT IS HEREBY ORDERED that the parties’ Consent Motion to Open Default
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`is
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`DENIED.
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`This 18lh day of March, 2020.
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`/s/ Susan E. Edlein
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`Susan E. Edlein
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`Judge, State Court of Fulton County
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