Legal Opinion

Anderson v. SOUTHEASTERN CAPITAL CORPORATION

Court of Appeals of Georgia

Decided October 30, 1978No. 56790PublishedCited by 6 opinions

1Opinion of the Court

Webb, Judge.

During the pendency of this suit on a note one of the defendants died and his executrix was substituted as a party defendant; and this is her appeal from a grant of summary judgment against the estate in favor of the lender. We affirm.

1. We find no merit in appellant’s contention that the limitation period for moving for substitution of parties should be computed from the date of filing the suggestion of death rather than from the date of its service. CPA § 25 (a) (1) provides that an action shall be dismissed as to a deceased party unless a motion for substitution is made not…

2Cases cited6 opinions

  1. Wall v. Citizens & Southern BankCourt of Appeals of Georgia · 1978
  2. Jernigan v. CollierSupreme Court of Georgia · 1975
  3. Gainesville Carpet Mart v. First Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1970
  4. Mullis v. BoneCourt of Appeals of Georgia · 1977
  5. Jernigan v. CollierCourt of Appeals of Georgia · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hartrampf v. Citizens & Southern Realty InvestorsCourt of Appeals of Georgia · 1981
  2. Jones v. HowardCourt of Appeals of Georgia · 1980
  3. Anderson v. SOUTHEASTERN CAPITAL CORPORATIONSupreme Court of Georgia · 1979
  4. Dubberly v. NailCourt of Appeals of Georgia · 1983
  5. Stephenson v. IngramCourt of Appeals of Georgia · 1999

1 more not listed; retrieve them via the Exa API.

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