Cornelius v. Morris Brown College

I respectfully dissent in both cases.

In Case No. A09A0394, contrary to the majority’s view, I find that dismissal in this case on the basis of Georgia’s dismissal statutes, OCGA §§ 9-2-60 and 9-11-41 (e), elevates form over substance in contravention of the Servicemembers Civil Relief Act (the “Act”),2 50 USC Appx. § 501 et seq., here controlling federal law.

Critically important to the disposition of this case is an appreciation of the significant rights the Act seeks to preserve and protect on behalf of our men and women in the service of their country. Section 510 thereof declares these as…