§Why CasetextPricing

Johnson et al v. Bell et al

MOTION to Dismiss Complaint re Complaint, 72 Amended Complaint :

10 Cited authorities

  1. Cambridge Mut. Fire Ins. v. City of Claxton

    720 F.2d 1230 (11th Cir. 1983)   Cited 87 times
    Holding that Georgia law determines whether plaintiffs' suit is barred by the statute of limitations where relation back of service of process is in question

  2. Zeigler V. Hambrick

    257 Ga. App. 356 (Ga. Ct. App. 2002)   Cited 19 times
    Affirming a finding of a lack of diligence where plaintiff failed to provide any evidence that she took any steps to ensure that her renewal action was served, such as by making inquiries at the marshal's office or by requesting a special process server

  3. Wade v. Whalen

    232 Ga. App. 765 (Ga. Ct. App. 1998)   Cited 21 times

    A98A0068. DECIDED JUNE 4, 1998 — CERT. APPLIED FOR. Service of process. Fulton State Court. Before Judge Goger. Waycaster, Morris, Johnson Dean, R. Leslie Waycaster, Jr., Davis, Gregory, Christy Forehand, Hardy Gregory, Jr., David A. Forehand, Jr., for appellant. Sistrunk Associates, Carla R. Johnson, Alston Bird, Theodore E.G. Pound, Whitehurst Riexinger, Elaine W. Whitehurst, Stephen P. Riexinger, for appellee. BEASLEY, Judge. Charles Wade sued Dr. Thomas Whalen for medical malpractice arising

  4. Johnson v. American Meter Co.

    412 F. Supp. 2d 1260 (N.D. Ga. 2004)   Cited 10 times

    Civil Action No. 1:03-CV-3272-JEC. August 30, 2004. Michael Bernard King, Office of Michael B. King, Jonesboro, GA, for Plaintiffs. Elisa Smith Kodish, Richard B. North, Jr., Nelson Mullins Riley Scarborough, Atlanta, GA, for Defendant. ORDER CARNES, District Judge. This case is presently before the Court on defendant's Motion to Dismiss Plaintiffs' Complaint with Prejudice [5]. The Court his reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant's

  5. Morris v. Haren

    52 F.3d 947 (11th Cir. 1995)   Cited 10 times
    In Morris, after the trial had begun, the plaintiff announced that he intended to dismiss his case and, seven days later, filed a written dismissal with the court.

  6. Abrams v. Abrams

    239 Ga. 866 (Ga. 1977)   Cited 8 times
    In Abrams v. Abrams, 239 Ga. 866 (239 S.E.2d 33) (1977), the Supreme Court held that, despite language in Code Ann. § 81A-104 (c) allowing service "by any citizen of the United States, specially appointed by the court for that purpose," a party may not be appointed to serve process in his or her own case.

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  9. Section 9-11-4 - Process

    Ga. Code § 9-11-4   Cited 703 times   1 Legal Analyses
    Permitting service on a managing or registered agent

  10. Section 9-2-61 - Renewal of case after dismissal

    Ga. Code § 9-2-61   Cited 489 times   3 Legal Analyses
    Noting that "this privilege of renewal shall be exercised only once"