153 Ga. App. 585 | Ga. Ct. App. | 1980
Appellant brought suit against the Joneses for damages for injuries sustained in an automobile accident.
In ruling on the motion, the court below held that the count against the Joneses was barred by the principle of res judicata, accord and satisfaction and the statute of limitations. We do not believe that the order in the prior case shows an accord and satisfaction. The order shows that a settlement was reached between the parties, but there is no evidence of a satisfaction; the $10,000 was ordered paid into the registry of the court and there is nothing in the record to show that Sumlin ever received the money. There is also no evidence to show that there was a voluntary dismissal of the first action and that the second was filed within six months following a voluntary dismissal of the first. Assuming, but not deciding, that such events did occur, and that appellant could bring such an action, the running of the statute of limitation would not be suspended as to defendants different from the ones in the first action, and it would not have run as to the Joneses. See Cornwell v. Williams Bros. Lumber Co., 139 Ga. App. 773 (229 SE2d 551) (1976); Code Ann. § 3-808. However, as there is no evidence to show that the first judgment dismissing the appellees from the lawsuit has ever been set aside or appealed and the order acknowledges that a settlement has been reached, it must
Judgment affirmed.