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Kimball v. Cedartown Med. & Therapy Inc.

Plaintiff had to file her renewal action within six months of the order dismissing her original action, not within six months of the subsequent order amending a typographical error in the first order.

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Beverly Kimball, individually and as the executrix of the estate of George Kimball, appeals from the trial court’s determination that the six-month period for renewal of an action had expired before she re-filed her complaint. Because we find the six-month period for renewal of the action had run, we affirm.

George Kimball initially filed suit on March 10, 1995 alleging that he was injured on August 27, 1993 as a result of the negligence and professional malpractice of Cedartown Medical and KGB Transport. When George Kimball died after the suit was filed, Beverly Kimball, as representative of his estate, was substituted as plaintiff. Thereafter, by an order entered on July 23, 1998, the trial court dismissed Kimball’s suit for failure to file a pretrial order. The dismissal order improperly indicated it was signed in 1997, so the trial court then entered an amended order on August 18, 1998 stating that the correct signature date was in 1998, not 1997.

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