Ketcham v. Franklyn Gesner Fine Paintings, Inc.

I respectfully dissent from the majority decision which holds that an action should be dismissed rather than permit an amendment in the name of the party plaintiff. The majority found this to be a “substitution” of parties which was authorized generally by OCGA § 9-11-17 (a) (Code Ann. § 81A-117), but not specifically under OCGA § 9-11-25 (Code Ann. § 81A-125), as such “substitution” in the instant case is not one of the types included in the latter code section. I do not find this distinction controlling.

The Supreme Court, in Block v. Voyager Life Ins. Co., 251 Ga. 162 (303 SE2d 742),…