Acker v. Veal

Deen, Presiding Judge.

This case previously appeared as Acker v. City of Elberton, 176 Ga. App. 580 (336 SE2d 842) (1985), wherein this court found that the court below correctly granted the city’s motion to dismiss, but that an issue as to appellee McIntosh existed as to whether the statute of limitations had been tolled when Acker was incarcerated following his commitment as mentally incompetent. Acker dismissed his lawsuit on December 11, 1985, by mailing a dismissal notice from Central State Hospital and now claims that the six-month period in which to renew it after dismissal under OCGA §…