Taylor v. Kohlmeyer & Co., 181 S.E.2d 496 (Ga. Ct. App. 1971). · Go Syfert
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Taylor v. Kohlmeyer & Co., 181 S.E.2d 496 (Ga. Ct. App. 1971). Cases Citing This Book View Copy Cite
13 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Steve A. Martin Agency, Inc. v. PlantersFIRST Corp. (gactapp, 2009-05-12)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Steve A. Martin Agency, Inc. v. PlantersFIRST Corp.
Ga. Ct. App. · 2009 · confidence medium
Ellington and Mikell, JJ., concur. 1 OCGA § 9-2-5 (a). 2 See Jenkins v. Crea, 289 Ga. App. 174, 175 ( 656 SE2d 849 ) (2008); Kirkland v. Tamplin, 283 Ga. App. 596, 599 (2) (b) ( 642 SE2d 125 ) (2007). 3 See McClendon & Co. v. Hernando Phosphate Co., 100 Ga. 219 ( 28 SE 152 ) (1897); Plumlee v. Davis, 221 Ga. App. 848, 851 (1) ( 473 SE2d 510 ) (1996); Cherry v. Gilbert, 124 Ga. App. 847 ( 186 SE2d 319 ) (1971); Kirby v. Johnson County Savings Bank, 12 Ga. App. 157 ( 76 SE 996 ) (1913). 4 See Pryor v. Douglas Shopper &c., 236 Ga. App. 854, 857-858 (2) ( 514 SE2d 59 ) (1999). 5 Jenkins, supra; s…
discussed Cited as authority (rule) Kirkland v. Tamplin
Ga. Ct. App. · 2007 · confidence medium
Contractors, 125 Ga. App. 423, 426 ( 188 SE2d 167 ) (1972). 9 Taylor v. Kohlmeyer & Co., 123 Ga. App. 493, 494 (1) ( 181 SE2d 496 ) (1971). 10 We note that, although Hilton and Taylor speak in terms of the “date” of filing, they do not address an alleged simultaneous filing.
discussed Cited as authority (rule) Williams-East, Inc. v. Weeks
Ga. Ct. App. · 1981 · confidence medium
Wheeler v. Wheeler, 229 Ga. 84, 85 (1) ( 189 SE2d 427 ) (1972); Jackson v. Schulman, 142 Ga. App. 625 ( 237 SE2d 4 ) (1977). “ ‘The Georgia courts have repeatedly held that service or waiver is essential, but that when made it relates back to the date of filing, which establishes the date the action is commenced.’ Taylor v. Kohlmeyer & Co., 123 Ga. App. 493, 494 (1)...” Jackson v. Schulman, supra. Service having been perfected in both cases here, commencement for each case relates back to the date of filing, November 6, 1979.
discussed Cited as authority (rule) Jackson v. Schulman
Ga. Ct. App. · 1977 · confidence medium
"The Georgia courts have repeatedly held that service or waiver is essential, but that when made it relates back to the date of filing, which establishes the date the action is commenced.” Taylor v. Kohlmeyer & Co., 123 Ga. App. 493, 494 (1) ( 181 SE2d 496 ) (1971) and cits.
discussed Cited "see" McCallister v. Knowles (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Taylor v. Kohlmeyer & Co., [ 123 Ga.App. 493 (1), 181 S.E.2d 496 (1971)] (although "service or waiver is essential,... when made it relates back to the date of filing, which establishes the date the action is commenced"). [Cit.] Thus, once the suit is served, it is the commencement that is key, and, as stated in OCGA § 9-11-3(a), a "civil action is commenced by filing a complaint with the court." Kirkland v. Tamplin, 283 Ga.App. 596, 599 (2)(b), 642 S.E.2d 125 (2007) (suit filed in one county was considered as having been filed first based on time of filing even though service on the defe…
Taylor
v.
Kohlmeyer & Company
45991.
Court of Appeals of Georgia.
Mar 19, 1971.
181 S.E.2d 496
A. Arnold Gershon, for appellant., Amall, Golden & Gregory, Alexander Cocalis, for appellee.
Jordan, Evans.
Cited by 7 opinions  |  Published
Jordan, Presiding Judge.

Kohlmeyer filed a complaint against Taylor in the Civil Court of Fulton County on July 22, 1970. Taylor filed an action against Kohlmeyer based on the same[*494] transaction in federal district court on August 17, 1970, followed by service of same on Kohlmeyer on August 18, 1970. Kohlmeyer’s complaint was served on Taylor on September 17, 1970. On October 19, 1970, Taylor filed a motion for abatement of the action in the Civil Court of Fulton County based upon the pendency of the suit in federal district court, together with a motion for enlargement of time to answer or object to interrogatories. Both motions were overruled and certified for immediate review. Held:

1. The trial court did not err in refusing to abate the action in the State court.

Under Rule 3 (CPA §3; Code Ann. §81A-103), which is identical to the federal rule, an action commences upon the filing of the complaint, and this rule is substantially identical with the former rule as stated in Code § 81-112. The Georgia courts have repeatedly held that service or waiver is essential, but that when made it relates back to the date of filing, which establishes the date the action is commenced. Sweat v. Barnhill, 171 Ga. 294 (6) (155 SE 18); McFarland v. McFarland, 151 Ga. 9 (2) (105 SE 596); Parker v. Kilgo, 109 Ga. App. 698 (1) (137 SE2d 333); Sheffield v. Sheffield, 49 Ga. App. 215 (2) (174 SE 925). The case of Almon v. R. H. Macy & Co., 106 Ga. App. 123 (126 SE2d 641) relied upon by appellant is not applicable here since in that case there was no service of the petition, and hence the pendency did not relate back to the date of filing.

We also note that in determining the priorities between federal actions "[wjhere the time of bringing suit is considered determinative, it is the suit in which the complaint is filed first which is considered prior in time and not the one in which service is first obtained.” 2 Moore’s Federal Practice (2d Ed.), p. 739, par. 3.06[2],

2. The enumeration regarding the refusal of the trial judge to enlarge the time to answer or object to interrogatories is without merit. Under the power of this court, however, to grant supersedeas in such manner as it may determine to meet the ends of justice, the superseding effect of the appeal is enlarged to cover a period of five days following receipt of the remittitur in the lower court to allow the defendant a reasonable time to[*495] answer or object to the interrogatories. See Ga. L. 1965, pp. 18, 23 (Code Ann. § 6-1002 (d)).

Submitted March 2, 1971 Decided March 19, 1971. A. Arnold Gershon, for appellant. Amall, Golden & Gregory, Alexander Cocalis, for appellee.

Judgment affirmed.

Quillian and, Evans, JJ., concur.