Osborne v. Hughes, 409 S.E.2d 58 (Ga. Ct. App. 1991). · Go Syfert
Osborne v. Hughes, 409 S.E.2d 58 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
19 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Department of Human Resources v. Nation (gactapp, 2004-01-16)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Department of Human Resources v. Nation
Ga. Ct. App. · 2004 · confidence medium
Dr. Knowles is not a party to this appeal. 3 OCGA § 50-21-20 et seq. 4 Wickliffe v. Wickliffe Co., 227 Ga. App. 432, 435 (2) ( 489 SE2d 153 ) (1997). 5 OCGA §§ 9-3-33; 50-21-35. 6 OCGA § 1-3-1 (d) (3). 7 Sylvester v. Dept. of Transp., 252 Ga. App. 31, 33 ( 555 SE2d 740 ) (2001). 8 Hobbs v. Arthur, 264 Ga. 359, 360 ( 444 SE2d 322 ) (1994). 9 Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991). 10 Hudson v. Mehaffey, 239 Ga. App. 705 ( 521 SE2d 838 ) (1999). 11 Clark v. Dennis, 240 Ga. App. 512 ( 522 SE2d 737 ) (1999). 12 Howard v. State of Ga., 226 Ga. App. 543, 545, n. 3 ( 487 …
cited Cited as authority (rule) Hawkins v. Wilbanks
Ga. Ct. App. · 2001 · confidence medium
Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991).
cited Cited as authority (rule) Hudson v. Mehaffey
Ga. Ct. App. · 1999 · confidence medium
Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991).
discussed Cited as authority (rule) Ludi v. Van Metre
Ga. Ct. App. · 1996 · confidence medium
In order for a case to qualify as a renewal action, “the earlier filing must have been a valid action, with proper service upon [defendant].” Finch v. Weaver, 213 Ga. App. 514, 515 (1) ( 445 SE2d 289 ) (1994); Brooks v. Young, 220 Ga. App. 47 ( 467 SE2d 230 ) (1996); Wimberly v. Dept. of Corrections, 210 Ga. App. 57, 58 ( 435 SE2d 67 ) (1993); Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991).
discussed Cited as authority (rule) Brooks v. Young
Ga. Ct. App. · 1996 · confidence medium
A suit is valid only if “the declaration filed in the first instance [was] served upon the defendant.” (Citations and *48 punctuation omitted.) Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991).
discussed Cited as authority (rule) Wimberly v. Department of Corrections
Ga. Ct. App. · 1993 · confidence medium
“In order to bring within the provisions of OCGA § 9-2-61 an action which has been dismissed, so as to make the same stand upon the same footing as to limitation as the original case, it is essential that the declaration filed in the first instance should have been served upon the defendant. . . .” (Citations and punctuation omitted.) Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991).
examined Cited "see" Clark v. Dennis (3×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Johnson v. Equicredit Corp., 238 Ga. App. 380, 381 (1) ( 517 SE2d 353 ) (1999). 3 Cf. Patterson v. Douglas Women’s Center, 258 Ga. 803, 804 (3) ( 374 SE2d 737 ) (1989). 4 See Wahnschaff v. Erdman, 216 Ga. App. 355, 356 ( 454 SE2d 213 ) (1995) (trial court’s finding that defendant resided elsewhere is upheld if there is some evidence to support it). 5 Hobbs v. Arthur, 264 Ga. 359, 360 ( 444 SE2d 322 ) (1994). 6 231 Ga. App. 820 ( 499 SE2d 69 ) (1998). 7 Id. 8 Osborne v. Hughes, 200 Ga. App. 558, 559 ( 409 SE2d 58 ) (1991). 9 Id. 10 Cf. Jones v. Roberts Marble Co., 90 Ga. App. 830, 833 (…
Retrieving the full opinion text from the archive…
Osborne
v.
Hughes
A91A0274.
Court of Appeals of Georgia.
Jun 28, 1991.
409 S.E.2d 58
1991 Ga. App. LEXIS 1067
Harrison & Harrison, G. Hughel Harrison, Samuel H. Harrison, for appellant., Cooper & Associates, James C. Williford, for appellee.
Cooper, Birdsong, Pope.
Cited by 9 opinions  |  Published
Cooper, Judge.

Appellant filed her original complaint against appellee on November 10, 1988, to recover for injuries sustained in an automobile accident which occurred on December 11,1986. The sheriff’s return of service reflects that service was accomplished by leaving a copy of the complaint with appellee’s mother at a Decatur, Georgiá, address on December 4, 1988. Appellee filed a timely answer in which improper service and jurisdiction over the person were raised as defenses. On November 1, 1989, appellee filed a motion to dismiss in which she alleged insufficiency of service and jurisdiction over the person. Affi[*559] davits were filed in support of the motion in which appellee and her mother stated that on December 4, 1988, appellee resided at another Decatur address, and copies of appellee’s driver’s license and voter registration card were attached, which reflected her residence at the second Decatur address. On January 8, 1990, prior to the trial court’s consideration of appellee’s motion, appellant voluntarily dismissed the action without prejudice. Then, on January 23, 1990, notwithstanding appellant’s dismissal of her action, the trial court entered an order granting appellee’s motion to dismiss on the grounds that appellee was not properly served within the applicable statute of limitation or reasonably beyond the statute of limitation.

Decided June 28, 1991 Reconsideration denied July 19, 1991

Appellant filed the instant action on February 7, 1990. Appellee was personally served on March 21,1990, and filed a timely answer on April 20, 1990, raising the expiration of the statute of limitation and laches as defenses. Appellee again filed a motion to dismiss alleging the same grounds on June 19, 1990, and the trial court granted the motion on August 28, 1990. Appellant appeals from that order.

“The complaint in the instant case was filed more than two years after the collision, but within six months of appellant’s dismissal of the complaint which she had filed in [DeKalb] County. However, in order for the filing of the complaint in the case at bar to qualify under OCGA § 9-2-61 as a valid renewal of a previously dismissed action, the proceedings which appellant dismissed . . . must have constituted a ‘valid action.’ [Cit.] ... ‘In order to bring within the provisions of (OCGA § 9-2-61) an action which has been dismissed, so as to make the same stand upon the same footing as to limitation as the original case, it is essential that the declaration filed in the first instance should have been served upon the defendant. . . .’ [Cits.]” Acree v. Knab, 180 Ga. App. 174 (348 SE2d 716) (1986).

“Service must be perfected personally upon the defendant or otherwise in accordance with OCGA § 9-11-4 (d) (7). Service upon [appellee’s] mother at her residence ... is not service within the meaning of the code section.” Seabolt v. Edghill, 192 Ga. App. 715, 716 (2) (386 SE2d 376) (1989). Thus, there was no service upon appellee within the statute of limitation, and the original cannot be considered a “valid action” in accordance with Aeree, supra, based upon appellant’s failure to serve appellee within the applicable statute of limitation. See Wilkins v. Butler, 187 Ga. App. 84 (369 SE2d 267) (1988). The trial court did not err in granting appellee’s motion to dismiss.

Judgment affirmed.

Birdsong, P. J., and Pope, J., concur. [*560] Harrison & Harrison, G. Hughel Harrison, Samuel H. Harrison, for appellant. Cooper & Associates, James C. Williford, for appellee.