No. 78-2139. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409.
December 15, 1978.
Joe B. Tucker, Ringgold, Ga., for plaintiff-appellant.
J. Clinton Sumner, Jr., Rome, Ga., for defendant-appellee.
Appeals from the United States District Court for the Northern District of Georgia; Harold L. Murphy, J.
Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.
PER CURIAM:
The judgment of the district court dismissing the case of each of the appellants (consolidated here) is affirmed based upon the opinion of the district judge dated February 7, 1978 and that court's order on reconsideration dated March 28, 1978. The pertinent parts of those orders (the court having also considered some contentions in another related case not before us) are attached hereto as an Appendix.
AFFIRMED.
APPENDIX
"UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION
. . . . . . . . . . . . .
ORDER
Leggett v. Benton Brothers, 138 Ga. App. 761 227 S.E.2d 397 Sharpe v. Seaboard Coast Line Railroad Company, 528 F.2d 546 . . . . . . . . . . . . .
7th . . . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . .
ORDER
Hudnall v. Kelley, 388 F. Supp. 1352 1356 Webb v. Southern Cotton Oil Co., 131 Ga. 682 63 S.E. 135 The Constitution Publishing Company v. DeLaughter, 95 Ga. 17 18 21 S.E. 1000 Nevels v. Detroiter Mobile Homes, 124 Ga. App. 112 183 S.E.2d 77 28th MRS. JOHANNA S. LAINE v. CIVIL ACTION FILE EFFIE LOUISE WRIGHT NUMBER C77-128R GRETE ANN LAINE v. CIVIL ACTION FILE EFFIE LOUISE WRIGHT NUMBER C77-129R These cases concern an automobile accident which occurred on September 7, 1973. Pending before the court is defendant's motions to dismiss. No response was filed and the motions stand unopposed. Local Rule 91.2, Northern District of Georgia. The complaints in these cases were filed on October 4, 1977, more than four years after the occurrence of the accident giving rise to this litigation. Civil Actions C77-128R and C77-129R are necessarily barred by the two year statute of limitations for personal injuries, Ga. Code Ann. § 3-1004, and the four year statute of limitations for injuries to personalty, Ga. Code Ann. § 3-1002. See, , (1976); (5th Cir. 1976). Accordingly, the motions to dismiss in Civil Actions C77-128R and C77-129R are GRANTED. . . . . This day of February, 1978. /s/ Harold L. Murphy ______________________________ UNITED STATES DISTRICT JUDGE On February 7, 1978, the court entered an order granting the unopposed motions for summary judgment of the defendant in the above-styled cases. Pending before the court are plaintiffs' motions for reconsideration. Plaintiffs contend the provisions of Ga. Code Ann. § 3-808 protect them from a defense concerning the statute of limitations. It is clear, however, that this renewal statute is not applicable where the original suit was filed in federal court. , (N.D.Ga. 1975). See also, , (1908); , , (1894); , (1971). Accordingly, the motion for reconsideration is DENIED. SO ORDERED, this the day of March, 1978. /s/ Harold L. Murphy _______________________________ UNITED STATES DISTRICT JUDGE"