Legal Opinion
Exel Transportation Services, Inc. v. Sigma Vita, Inc.
Court of Appeals of Georgia
Decided November 21, 2007No. A07A1516PublishedCited by 5 opinions
1Opinion of the Court
Bernes, Judge.
In this suit to recover on an open account, Sigma Vita, Inc., a motor carrier, sued Exel Transportation Services, Inc., a shipment broker. Both parties moved for summary judgment. The trial court granted Sigma’s motion and denied Exel’s. Exel contends that the trial court’s rulings were erroneous because Sigma’s claim was barred by the expiration of the 18-month statute of limitation set forth in 49 USC § 14705 (a). We agree and reverse.
“[T]he statute of limitation goes to the merits of a recovery and is a proper issue for disposition by motion for summary judgment.” (Citation,…
2Cases cited13 opinions
- Hamburger v. PFM Capital Management, Inc.Court of Appeals of Georgia · 2007
- Emmert Industrial Corp. v. Artisan Associates, Inc.Court of Appeals for the Ninth Circuit · 2007
- Harrison v. GoldenCourt of Appeals of Georgia · 1996
- McKeen v. Federal Deposit InsuranceSupreme Court of Georgia · 2001
- Baskin v. Georgia Department of CorrectionsCourt of Appeals of Georgia · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kennedy Tank & MFG. Co., Inc., and Hemlock Semiconductor Operations LLC and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation d/b/a Emmert InternationalIndiana Supreme Court · 2017
- Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert InternationalIndiana Court of Appeals · 2016
- Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert InternationalIndiana Court of Appeals · 2016
- St. Francis Health, LLC v. Carol Anita WengCourt of Appeals of Georgia · 2020
- Tyler Watts v. Michael Antonio JosephCourt of Appeals of Georgia · 2025