Motorcycle Stuff, Inc. v. Bryant

Carley, Judge.

Appellant’s original suit against appellee was initiated by the filing of a complaint captioned as “Motorcycle Stuff, Plaintiff v. Tom Bryant, Defendant.” Appellee moved to dismiss on the ground that “Motorcycle Stuff” did not purport to be a corporation, partnership, or other legal entity. Appellee’s motion to dismiss was granted. Within six months, appellant, relying on OCGA § 9-2-61, refiled the suit, captioning its complaint as “Motorcycle Stuff, Inc., Plaintiff v. Thomas Bryant a/k/a Tom Bryant, Defendant.”

Prior to the refiling, the statute of limitations ran as to…