Owens v. Hewell

Blackburn, Judge.

Mary and Clarence Owens appeal the trial court’s order granting summary judgment to Terry Hewell and the City of Loganville based upon the expiration of the statute of limitation and the inapplicability of OCGA § 9-2-61 to state cases originally filed in federal court. The issues presented are: Do the renewal provisions of OCGA § 9-2-61 apply to state actions which were originally filed in federal court, and if so, from what date does the renewal period run for such cases.

On October 29, 1991, Mary Owens was involved in a motor vehicle collision with Hewell, a Loganville…