McCabe v. Garrett

Pope, Chief Judge.

Plaintiff James Timothy McCabe appeals from the trial court’s grant of partial summary judgment in favor of defendant Glen A. Garrett. McCabe contends the trial court erred in ruling that his unsuccessful appeal to this court in McCabe v. Lundell, 199 Ga. App. 639 (405 SE2d 693) (1991) from the denial of his motion to add Garrett as a party defendant to his counterclaim in that case did not toll the running of the applicable statute of limitation for claims he seeks to assert in this case against Garrett.1

We agree with the trial court that this case is controlled by our…