Petkas v. Grizzard

Clarke, Justice.

We granted certiorari on the issue of whether a trial court may take judicial notice of the record in a prior suit in the same court when determining if the action before him falls within the provisions of the renewal statute, OCGA § 9-2-61 (Code Ann. § 3-808). “If a plaintiff discontinues or dismisses his case and recommences the same within six months, the renewed case shall stand upon the same footing, as to limitation, with the original case.” OCGA § 9-2-61 (a) (Code Ann. § 3-808). The Court of Appeals held that the trial court erred in failing to grant defendant…