Parsons v. Capital Alliance Financial, LLC
325 Ga. App. 884
| Ga. Ct. App. | 2014Background
- Magistrate court entered judgment against Parsons on December 16, 2011.
- Parsons filed a superior court appeal on January 17, 2012, within 30 days as extended by holidays under OCGA § 5-3-20.
- Parsons voluntarily dismissed the superior court case on June 6, 2012 under OCGA § 9-11-41 (a) (1).
- On December 6, 2012 Parsons filed a notice of re-filing of the superior court appeal, asserting a renewal under OCGA § 9-2-61 (a).
- Capital Alliance challenged refiling as unauthorized and untimely; the superior court denied relief on different grounds, holding the refiling untimely.
- The Georgia Court of Appeals reversed, holding Parsons’s refiling was timely under the six-month renewal period and that the initial appeal was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of initial superior court appeal | Parsons timely appealed under OCGA § 5-3-20. | Initial appeal untimely. | Initial appeal timely. |
| Renewal period for voluntary dismissal | Renewal under OCGA § 9-2-61 (a) within six months after dismissal. | December 6 refiling outside six months. | Refiling timely; first day not counted under OCGA 1-3-1(d)(3). |
| Applicable method of time computation | OCGA § 1-3-1(d)(3) applies to six-month renewal period. | Different computation method should apply. | OCGA § 1-3-1(d)(3) applies; first day not counted. |
Key Cases Cited
- Long v. Greenwood Homes, 285 Ga. 560; 679 S.E.2d 712 (2009) (renewal denial error when appealing magistrate judgment)
- Potter-Miller v. Reed, 302 Ga. App. 199; 690 S.E.2d 215 (2010) (timeliness under holidays in filing appeals)
- Hanna v. Savannah Svc., 179 Ga. App. 525; 347 S.E.2d 263 (1986) (application of timing rules in renewal contexts)
- Infinite Energy v. Pardue, 310 Ga. App. 355; 713 S.E.2d 456 (2011) (application of OCGA § 1-3-1(d)(3) to 'within' time limits)
- Baskin v. Ga. Dept. of Corrections, 272 Ga. App. 355; 612 S.E.2d 565 (2005) (use of OCGA § 1-3-1(d)(3) for time within periods)
- U. S. Filter Distribution Group v. Barnett, 273 Ga. 254; 538 S.E.2d 739 (2000) (remedial statutes and timing computation distinctions)
- Parke v. Fant, 260 Ga. App. 84; 578 S.E.2d 896 (2003) (renewal computation considerations)
- Cleveland v. Katz, 311 Ga. App. 880; 717 S.E.2d 500 (2011) (renewal period endpoints in dismissal contexts)
- Cooper v. Lewis, 288 Ga. App. 750; 655 S.E.2d 344 (2007) (renewal deadline recognition in appellate context)
- Long v. Greenwood Homes, 285 Ga. 560; 679 S.E.2d 712 (2009) (voluntary dismissal effect on appeal)