Clover Realty Co. v. J. L. Todd Auction Co.

Hall, Justice.

In a prior case involving the same dispute, appellant sought to join appellee as an additional defendant. The case against appellee was dismissed by the trial court on two alternative grounds: failure to obtain a court order joining appellee as an additional party defendant, and the statute of limitation. The appeal was affirmed on the first ground; this court did not consider the statute of limitation issue. Clover Realty Co. v. Todd, 237 Ga. 821 (229 SE2d 649) (1976). In the present case, appellant filed a new suit against appellee on the same cause of action. Summary judgment…