How cited: Cobb v. Stephens · Go Syfert

Cobb v. Stephens (1988)

green · 40 citation events across 2 courts. Showing the 10 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1988 → 2026 · click a year to view the case as of then
198820072026
Rule Authority · Ga. Ct. App.
Accord Fontaine v. Home Depot, 250 Ga. App. 123, 124 (1) ( 550 SE2d 691 ) (2001) (“OCGA § 9-11-15(c) applies to motions to add a party as well as to substitute a party.”); Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988) (“[The] broad interpretation of the ambit of OCGA § 9-11-15(c) as authority to add, as well as to change, parties has been consistently followed.” (emphases omitted)).
Rule Authority · Ga. Ct. App.
Under OCGA § 9-11-15 (c), an amended complaint adding a new party after the running of the statute of limitation may relate back to the date of the original complaint if the following three elements are satisfied: (1) That the amendment adding the new defendant arise out of the same facts as the original complaint; (2) That the new defendant had sufficient notice of the action; and, (3) That the new defendant knew or should have known that, but for a mistake concerning his i…
Rule Authority · Ga. Ct. App.
(Emphasis supplied.) See Fontaine v. Home Depot, 250 Ga. App. 123, 124 (1) ( 550 SE2d 691 ) (2001); Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988). 6 And when a defendant is added under OCGA § 9-11-15 (c), the defendant is treated as if it were a *755 party to the original action from its inception.
Rule Authority · Ga. Ct. App.
Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988).
green Harding v. Godwin (1999)
Rule Authority · Ga. Ct. App.
Cobb v. Stephens, 186 Ga. App. 648, 649-650 ( 368 SE2d 341 ) (1988) (citing A. H.
Rule Authority · Ga. Ct. App.
However, OCGA § 9-11-15 has not been restricted to instances in which parties are substituted, but OCGA § 9-11-15 (c) has been broadly interpreted “to sanction relation back of amendments which add or drop parties. . . .” Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988).
Rule Authority · Ga. Ct. App.
Clearly, the import of this holding is that the addition of parties who have an involvement in the same set of facts which gave rise to the original complaint and who are also not ‘altogether strangers to the original suit, insofar as notice and knowledge thereof (are concerned),’ would be authorized under OCGA § 9-11-15 (c).” (Emphasis omitted.) Cobb v. Stephens, 186 Ga. App. 648, 648-649 ( 368 SE2d 341 ) (1988).
Rule Authority · Ga. Ct. App.
Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988).
Rule Authority · Ga. Ct. App.
Cobb v. Stephens, 186 Ga. App. 648, 649 ( 368 SE2d 341 ) (1988).
Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion
See HD Supply, Inc. v. Garger, 299 Ga. App. 751, 754 (1) ( 683 SE2d 671 ) (2009) (“Although OCGA § 9-11-15 (c) refers to ‘an amendment changing the party,’ the ambit of the relation back provision has been construed to include cases where, as here, the plaintiff adds rather than substitutes a new party defendant.”), citing Fontaine v. Home Depot, 250 Ga. App. 123, 124 (1) ( 550 SE2d 691 ) (2001) (“OCGA § 9-11-15 (c) applies to motions to add a party as well as to substitute …