Little v. Walker

Clarke, Justice.

Mr. and Mrs. Walker filed suit against T. C. and Tony Little seeking damages arising from a car accident which occurred June 4, 1977. The suit was dismissed by consent of the parties on January 8, 1980. The present action was filed April 8,1980 against Tony Little. On May 2,1980, the Walkers paid the costs which remained due in the original action. Little moved for summary judgment contending the action was barred by the statute of limitations. He argues that since all costs in the original suit were not paid prior to filing of the second suit in compliance with OCGA § 9-11-41…