Legal Opinion · Concurrence

Alvarez v. Sills

Supreme Court of Georgia

Decided February 25, 1988No. 45031Published

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

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Dalton Carpet Industries, Inc. v. ChilivisCourt of Appeals of Georgia · 1976

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