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Batesville Casket Co. v. Watkins Mortuary Inc.

The plaintiff's electronically filed complaint was untimely filed outside of both the applicable statute of limitation and 6-month renewal periods.

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Plaintiff Batesville Casket Company appeals the trial court’s order dismissing its suit on account brought against Watkins Mortuary, Inc. Batesville originally filed suit against Watkins on June 16, 2003. Batesville dismissed its action without prejudice on November 7 or 8, 2006. Batesville attempted to re-file its action under the renewal statute, OCGA § 9-2-61 a,1 on April 30, 2007. Batesville was subsequently notified by the clerk of the Fulton County State Court that it was required to electronically file e-file its complaint. Batesville e-filed its complaint on June 26, 2007.

Watkins subsequently filed a motion to dismiss, arguing that the e-filed complaint was outside both the applicable statute of limitations and six-month renewal period allowed by OCGA § 9-2-61 a. The trial court granted the motion to dismiss, finding that the complaint was filed on June 26, 2007, the date of e-filing, and that the limitations period had expired on December 22, 2006, see OCGA § 9-3-25, and that the six-month renewal period had expired on May 8, 2007. Batesville appeals.

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