Speer, Inc. v. Manis, 297 S.E.2d 374 (Ga. Ct. App. 1982). · Go Syfert
Speer, Inc. v. Manis, 297 S.E.2d 374 (Ga. Ct. App. 1982). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 1985 · …as though it were actually named as a party defendant. ⚠ not in text
16 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Deleo v. Mid-Towne Home Infusion, Inc. (gactapp, 2000-06-29)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Deleo v. Mid-Towne Home Infusion, Inc.
Ga. Ct. App. · 2000 · confidence medium
Robins Co. v. Sullivan, 136 Ga. App. 533, 534-535 ( 221 SE2d 697 ) (1975). 6 Harding v. Godwin, 238 Ga. App. 432, 434-435 ( 518 SE2d 910 ) (1999). 7 Speer, Inc. v. Manis, 164 Ga. App. 460, 461 ( 297 SE2d 374 ) (1982); see OCGA § 9-3-71.
discussed Cited as authority (rule) Alfred v. Right Stuff Food Stores, Inc.
Ga. Ct. App. · 1999 · confidence medium
See Collins v. Byrd, 204 Ga. App. 893, 895 (2) ( 420 SE2d 785 ) (1992); Heyde v. Xtraman, Inc., 199 Ga. App. 303, 304 (1) ( 404 SE2d 607 ) (1991); Wagner v. Casey, 169 Ga. App. 500, 501 (2) ( 313 SE2d 756 ) (1984); Speer, Inc. v. Manis, 164 Ga. App. 460, 461 ( 297 SE2d 374 ) (1982).
cited Cited as authority (rule) Wagner v. Casey
Ga. Ct. App. · 1984 · confidence medium
When that complaint was filed, the statute of limitation had already run as to [Casey Enterprises, Inc.]” Speer, Inc. v. Manis, 164 Ga. App. 460, 461 ( 297 SE2d 374 ).
discussed Cited "see" SUNTRUST BANK v. CHARLES DANIEL BICKERSTAFF (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Speer, Inc. v. Manis, 164 Ga. App. 460, 460 ( 297 SE2d 374 ) (1982) (citation and punctuation omitted).
Retrieving the full opinion text from the archive…
SPEER, INC.
v.
MANIS
64307.
Court of Appeals of Georgia.
Nov 19, 1982.
297 S.E.2d 374
1982 Ga. App. LEXIS 2835
Richard M. Young, Lorraine D. Hess, for appellant., J. Alfred Johnson, for appellee.
Shulman.
Cited by 8 opinions  |  Published
Shulman, Presiding Judge.

Appellee brought a personal injury action against International House of Pancakes, Inc., alleging that she was injured through the negligence of the defendant. That suit, which was brought only days before the expiration of the statute of limitation, was voluntarily dismissed by appellee some nine months later. Within six months of the dismissal, appellee brought the same action against the same defendant in the same court. Approximately four months after refiling the suit, appellee moved the trial court to accept an amendment adding appellant, the franchisee operating the particular restaurant in which appellee alleged she was injured, as a party defendant. The trial court allowed the amendment. Appellant filed defensive pleadings raising, among other defenses, the statute of limitation. We granted appellant’s application for an interlocutory[*461] appeal to review the trial court’s denial of appellant’s motion for summary judgment based on that defense.

Decided November 19, 1982. Richard M. Young, Lorraine D. Hess, for appellant.

Appellant relies on this court’s pronouncement in McCoy Enterprises v. Vaughn, 154 Ga. App. 471 (268 SE2d 764), to the effect that Code Ann. § 3-808 (OCGA § 9-2-61) does not permit one to maintain a renewal action against one who was not a defendant in the original action. Appellee counters with the argument that the interplay of the renewal statute and Code Ann. § 81A-115 (c) (OCGA § 9-11-15 (c)) prevents the bar of the statute of limitation. At the heart of that argument is the assumption that the amendment adding appellant as a defendant related back to the date of the first complaint filed in this case. That assumption is the fatal flaw in appellee’s position.

CPA § 15 (c) provides for the relation back of an amendment to “the date of the original pleading.” We interpret the phrase “original pleading” to mean the pleading being amended. In the present case, the pleading being amended was the second complaint. When that complaint was filed, the statute of limitation had already run as to appellant.

Although the procedural posture of the present case is different from that in McCoy Enterprises, supra, and in Cornwell v. Williams Bros. Lumber Co., 139 Ga. App. 773 (229 SE2d 551), the principle of those cases applies equally to the present case: “Code § 3-808 may not be used to suspend the running of the statute of limitation as to defendants different from those originally sued. [Cits.]” Id., p. 775. We do not believe that appellee can do indirectly, through the use of § 81A-115, what she would not be permitted to do directly. She could not have filed the second action against appellant because the statute of limitation had run; she may not now retroactively avoid the bar of the statute of limitation by amending her second complaint. While it is true that § 81A-115 (c) is intended “to ameliorate the impact of the statute of limitation” (Rich's, Inc. v. Snyder, 134 Ga. App. 889, 892 (216 SE2d 648)), we do not accept that it was intended to render statutes of limitation completely toothless.

Since appellant was not added as a defendant to a suit filed within the applicable period of limitation, appellant was entitled to a judgment in its favor. The trial court’s denial of appellant’s motion for summary judgment was error.

Judgment reversed.

Quillian, C. J., and Carley, J., concur. J. Alfred Johnson, for appellee.