Oni v. Oni

While I agree that the trial court must be reversed in this case, I do not agree with all that is said by the majority.3 The majority holds that the six-month time bar imposed by OCGA § 19-8-18 (e) cannot be *471tolled by fraud, and with that much I agree. However, I write separately to point out that under certain limited circumstances, the doctrine of equitable estoppel might preclude a defendant from asserting OCGA § 19-8-18 (e) as a defense.

In my view, OCGA § 19-8-18 (e) is best viewed as a statute of repose.4 A statute of repose, in contrast to a statute of limitation, “stands as an…