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Court of Appeals Affirms Dismissal of Renewal Action as Untimely

November 18, 2014

John Bunyan and Shannon Sprinkle won affirmance of the dismissal of a renewal action against a guardian ad litem filed by the parent of children she represented in a proceeding to modify visitation rights. John and Shannon previously obtained a dismissal of federal claims brought by the Plaintiff and successfully defended that dismissal on appeal to the Eleventh Circuit. After the plaintiff refiled claims for defamation and intentional infliction of emotional distress that the federal court declined to consider, the trial court granted John and Shannon’s motion to dismiss the plaintiff’s claims because he failed to timely refile them under Georgia’s renewal statute.

The Court of Appeals affirmed the dismissal, agreeing with CCS’s argument that the renewal clock started to run when the Eleventh Circuit affirmed the dismissal of the plaintiff’s previous lawsuit, not when it entered its mandate.  Thus, Plaintiff had filed his renewal action four days too late under Georgia’s renewal statute. The Court of Appeals also agreed with John and Shannon’s argument that the federal supplemental jurisdiction statute did not give the plaintiff more time to refile his claims than Georgia’s renewal statute.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.