Adams v. Cobb County

Supreme Court of Georgia June 30, 1988

Adams v. Cobb County, 258 Ga. 352 (Ga. 1988)

370 S.E.2d 748; 1988 Ga. LEXIS 283

Bell, Weltner

Opinion of the Court

Bell, Justice.

We granted certiorari in this case to consider the holding of our Court of Appeals that the applicants-condemnees could not avail themselves of the renewal provision of former OCGA § 9-2-61 (a), Ga. Laws 1967, pp. 226, 244, § 39.1 Adams v. Cobb County, 184 Ga. App. 879 (363 SE2d 260) (1987). Having reviewed this issue, we conclude that the court of appeals’ decision is correct. Accordingly, we affirm the judgment.

Judgment affirmed.

All the Justices concur, except, Smith and Weltner, JJ., who dissent.

OCGA § 9-2-61 (a) formerly provided the law applicable to the renewal of actions dismissed because no written order had been entered in the actions for five years. Subsection (c) of OCGA § 9-2-60, as amended in 1984, Ga. L. 1984, pp. 597-599, now provides the law applicable to the renewal of such actions. OCGA § 9-2-61 (a) still provides the law applicable to the renewal of actions dismissed for other reasons.

Dissenting Opinion

Weltner, Justice,

dissenting.

For every practical purpose and for every substantive issue, a condemnee who appeals a determination of value to a jury under OCGA § 32-3-14 is a plaintiff.

The renewal statute, OCGA § 9-2-61 (a), is remedial in nature and should be construed broadly. Its provisions should extend to these appellants as de facto plaintiffs. See OCGA § 1-3-5; Bryan v. Bryan, 242 Ga. 826, 828-9 (251 SE2d 566) (1979).

I am authorized to state that Justice Smith joins in this dissent.

*353Decided June 30, 1988. Crirn & Bassler, Harry W. Bassler, for appellants. Awtry & Parker, Dana L. Jackel, for appellee.

Reference

Full Case Name: ADAMS v. COBB COUNTY
Cited By: 1 case
Status: Published