X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

McFadden, Chief Judge. This case returns to us from the Supreme Court of Georgia, which has exercised its certiorari jurisdiction. At issue are the statutes of limitation applicable: Georgia’s two-year statute or Belize’s one-year statute. In Division 2 of our earlier opinion, Forbes v. Auld, 351 Ga. App. 555 (830 SE2d 770) (2019), we held that the Georgia statute applies to the wrongful death claim because, we held, the Belizean law governing wrongful death claims violates Georgia public policy. Id. at 557-560 (2). So we reversed the trial court’s dismissal of that claim. On certiorari the Supreme Court of Georgia reversed our decision, holding that “[a] mere difference in law is not sufficient to justify [application of the public policy] exception[,]” and “ disapprove[d] of cases where the public policy exception has been construed more liberally.” Auld v. Forbes, __ Ga. __, __ (2) (b) (848 SE2d 876) (2020). So we vacate Division 2 of our earlier opinion and adopt the opinion and decision of the Supreme Court as our own. In Division 3 of our earlier opinion we held that, because the personal injury claim is based on the common law, that claim is governed by the general rule that the statute of limitation of the forum state applies. 351 Ga. App. at 560 (3). So we also reversed the dismissal of the personal injury claim. Id. The Supreme Court “did not grant certiorari to consider the personal injury claim” and consequently “decline[d] to address this portion of the Court of Appeals’ decision.” __ Ga. at __ (1) n. 2. So Division 3 of our earlier opinion stands. See Shadix v. Carroll County, 274 Ga. 560, 562-564 (1) (554 SE2d 465) (2001). Judgment affirmed in part and reversed in part. Pipkin and Colvin, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›