Legal Opinion · Dissent

Cobb v. Stephens

Court of Appeals of Georgia

Decided March 18, 1988No. 75632Published

1DissentDeen, Presiding Judge

If ever a case demonstrated that justice is blind, this is it, consid*653ering the majority opinion’s denial of the apparent conflict of authority on the issue of relation back of amendments adding a party. Perhaps the majority opinion considers it “the prerogative of a lofty mind not only to enlighten by its wisdom but to enslave by its authority.” McLin v. Harvey, 8 Ga. App. 360, 363 (69 SE 123) (1910). When conflicting lines of authority exist, the ball is in our court to call time and rectify our mistakes.

That this court has applied conflicting rules with regard to the relation back of…

2Cases cited13 opinions

  1. Sam Finley, Inc. v. Interstate Fire InsuranceCourt of Appeals of Georgia · 1975
  2. Aircraft Radio Systems, Inc. v. Von SchlegellCourt of Appeals of Georgia · 1983
  3. A. H. Robins Co. v. SullivanCourt of Appeals of Georgia · 1975
  4. Dover Place Apartments v. a & M Plumbing & Heating Co.Court of Appeals of Georgia · 1983
  5. Horne v. CarswellCourt of Appeals of Georgia · 1983

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