Opinion
S24C0008
02-20-2024
JAMI LYNN GOLDEN v. FLOYD HEALTHCARE MANAGEMENT, INC. d/b/a FLOYD MEDICAL CENTER.
Court of Appeals Case No. A23A0119
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S24G0008 .
This case will be assigned to the May 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
(1) Does OCGA § 38-3-62 (a) empower "[a]n authorized judicial official" to "suspend, toll, extend, or otherwise grant relief from" the application of a statute of repose?
(2) Did Chief Justice Melton's "Order Declaring Statewide Judicial Emergency" dated March 14, 2020, and subsequent orders suspend, toll, extend, or otherwise grant relief from the application of a statute of repose?
(3) Assuming that the answers to questions (1) and (2) are "yes," can OCGA § 38-3-62 (a) and Chief Justice Melton's COVID emergencyorders be applied to toll the statute of repose in OCGA § 9-3-71 (b) consistent with the federal and Georgia Constitutions? See Southern States Chemical, Inc. v. Tampa Tank &Welding, Inc., 316 Ga. 701 (888 S.E.2d 553) (2023).
Briefs should be submitted only on these points. See Supreme Court Rule 45.
concur, except Peterson, P. J., and Pinson, J., disqualified.