McCalla v. Stuckey

POPE, Presiding Judge.

The sole issue in this appeal is whether Count 1 of plaintiff Stuckey’s complaint was governed by OCGA § 9-3-23, which provides a twenty-year period of limitations for written contracts under seal, or by OCGA § 9-3-24, which provides a six-year limitation period for ordinary contracts which are not under seal. The superior court determined that the 20-year period applied and denied defendants’ motion to dismiss. We granted defendants’ interlocutory application to review the superior court’s ruling and, for the following reasons, we reverse.

The instant dispute centers on…