Legal Opinion
Evans v. Lukas
Court of Appeals of Georgia
Decided October 25, 1976No. 52832PublishedCited by 9 opinions
1Opinion of the Court
Deen, Presiding Judge.
The sole issue on this appeal is whether or not the statute of limitation in a third-party action for contribution runs from the date of the accrual of the plaintiffs cause of action.
We start with the proposition that a third-party action "has the nature of an independent suit." Register v. Stone’s Independent Oil Distributors, 227 Ga. 123, 126 (179 SE2d 68). (Emphasis supplied.) A third-party complaint must be against one who is or may be liable to the third-party plaintiff for all or part of the original plaintiff’s claim against him; Code Ann. § 81A-114 does not allow…
2Cases cited4 opinions
- Register v. Stone's Independent Oil Distributors, Inc.Supreme Court of Georgia · 1971
- McMichael v. Georgia Power Co.Court of Appeals of Georgia · 1974
- Balkcom v. MullCourt of Appeals of Georgia · 1973
- Maxwell Brothers of Athens, Inc. v. Deupree Co.Court of Appeals of Georgia · 1973
3Cited by9 opinions
- Union Camp Corp. v. HelmySupreme Court of Georgia · 1988
- Tenneco Oil Co. v. TemplinCourt of Appeals of Georgia · 1991
- William R. Putnam, Plaintiff-Appellant-Cross-Appellee v. Robert R. Williams, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- Wal-Mart Stores, Inc. v. Budget Rent-A-Car SystemsDistrict Court of Appeal of Florida · 1990
- Waddey v. DavisCourt of Appeals of Georgia · 1979
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