Alvarez v. Sills
Supreme Court of Georgia
1ConcurrenceWeltner, Justice
I join in the majority opinion, and offer additional views.
1. OCGA § 9-11-2 provides: “There shall be one form of action, to be known as ‘civil action.’ ” In adopting that broad statement, the General Assembly sought to bury (once again) the intricacies of “forms of action” pleading.
In this case, Alvarez set out in her complaint a “short and plain statement of the claims showing that the pleader is entitled to relief.” OCGA § 9-11-8. The name affixed to that pleading — whether “Petition for a Writ of Habeas Corpus” or “Complaint Pursuant to the Georgia Child Custody Intrastate Jurisdiction…
2Cases cited2 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Dalton Carpet Industries, Inc. v. ChilivisCourt of Appeals of Georgia · 1976