Legal Opinion

McClendon v. Kroger Co.

Court of Appeals of Georgia

Decided May 16, 2006No. A06A0425PublishedCited by 4 opinions

1Opinion of the Court

Barnes, Judge.

On March 26, 2003, Daniel McClendon filed a complaint for damages against the Kroger Company in Cobb County alleging false imprisonment and false arrest after he was arrested for criminal trespass in March 2001 at a Bibb County Kroger. On June 15, 2004, following a peremptory calendar, the action was dismissed for want of prosecution. McClendon, apparently, never perfected service upon Kroger.

On December 14, 2004, after the expiration of the two-year statute of limitation for false imprisonment or false arrest, McClendon refiled the same action against Kroger in Gwinnett County.…

2Cases cited4 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Howell v. StylesCourt of Appeals of Georgia · 1996
  3. Clark v. DennisCourt of Appeals of Georgia · 1999
  4. Garcia v. VirdenCourt of Appeals of Georgia · 1999

3Cited by4 opinions

  1. Joaquin Brown v. Rachel J. LewisCourt of Appeals for the Eleventh Circuit · 2010
  2. Towe v. ConnorsCourt of Appeals of Georgia · 2007
  3. Baxley v. BaldwinCourt of Appeals of Georgia · 2007
  4. Nicholas McWilliams v. Marian L. ParkerCourt of Appeals of Georgia · 2021

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