Belcher v. John Folsom d/b/a Folsom's Auto Sales Inc.

Catherine Belcher sued John Folsom d/b/a Folsom’s Auto Sales, Inc. “Folsom” for wrongful repossession. Folsom moved to dismiss Belcher’s complaint on the ground that it was barred by the statute of limitation. The trial court granted Folsom’s motion, and Belcher appealed. Finding no error, we affirm.

Belcher contends that the instant case is a renewal action filed under OCGA § 9-2-61 a. Although the record of the original case is not before the Court, the parties agree that Belcher filed her original complaint against Folsom in the Superior Court of Lowndes County on September 7, 2000. Folsom acknowledges that he was timely served with the complaint on September 9, 2000. A dismissal of the original complaint is not part of the appellate record, but Belcher contends in her brief that she “voluntarily dismissed this complaint on May 17, 2001 pursuant to OCGA § 9-2-61 reserving her right to refile within six 6 months.” Folsom does not dispute that Belcher dismissed the complaint, but asserts that, “pursuant to the stamped filed Voluntary Dismissal, . . . the Appellant voluntary sic dismissed her complaint . . . with prejudice ‘pursuant to Section 14 a of the Civil Practice Act’ not OCGA § 9-2-61 as alleged in the Appellant’s Statement of Facts.”