Legal Opinion

Deere & Co. v. JPS DEVELOPMENT, INC.

Court of Appeals of Georgia

Decided December 12, 2003No. A03A2125PublishedCited by 8 opinions

1Opinion of the Court

Andrews, Presiding Judge.

We granted Deere & Company’s application for interlocutory appeal after the trial court denied its motion to dismiss JPS Development, Inc.’s suit for breach of warranty and negligent misrepresentation. The sole issue below and on appeal is whether a corporation that had been dissolved for more than two years could file a renewal action under OCGA § 9-2-61. Because the trial court incorrectly concluded that it could, we reverse.

JPS bought two John Deere tractors from Deere & Company in 1998. In March 2000, the JPS corporation was dissolved. In February 2001, JPS filed…

2Cases cited6 opinions

  1. Van Pelt v. GreathouseNebraska Supreme Court · 1985
  2. M.S. v. Dinkytown Day Care Center, Inc.South Dakota Supreme Court · 1992
  3. Gas Pump, Inc. v. General Cinema Beverages of North Florida, Inc.Supreme Court of Georgia · 1993
  4. Smith v. BranchCourt of Appeals of Georgia · 1997
  5. Swindle v. Big River Broadcasting Corp.Court of Appeals of Tennessee · 1995

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3Cited by8 opinions

  1. Gebhardt v. McKeever (In re McKeever)United States Bankruptcy Court, N.D. Georgia · 2016
  2. BODY OF CHRIST OVERCOMING CHURCH OF GOD, INC. v. BrinsonSupreme Court of Georgia · 2009
  3. GC Quality Lubricants, Inc. v. Doherty, Duggan & Rouse InsurorsCourt of Appeals of Georgia · 2010
  4. Michigan Indiana Condominium Ass'n v. Michigan Place, LLCAppellate Court of Illinois · 2014
  5. Randy Williams v. Clark Sand Company, Inc.Mississippi Supreme Court · 2015

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