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Nelson Rodriguezv.Houston County, Georgia

CourtCourt of Appeals of Georgia
Docket No.A20A1566
DecidedJanuary 20, 2022
Reporter310 Ga. 728
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawCivil ProcedureStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Nelson Rodriguez sued a deputy and Houston County after a motor-vehicle accident, alleging negligence and vicarious liability. After the statute of limitation expired, Rodriguez moved to add the Houston County sheriff as a party under Georgia’s relation-back rule. The trial court granted judgment on the pleadings for the County and denied the motion to add the sheriff. The Court of Appeals initially affirmed in an unpublished opinion, but the Supreme Court of Georgia later vacated that judgment and remanded for reconsideration in light of a new decision governing relation back. On remand, the Court of Appeals vacated both its earlier opinion and the trial court’s ruling on the motion to add the sheriff. It directed the trial court to apply the proper relation-back standard and conduct further proceedings consistent with the Supreme Court’s intervening decision.

Opinion

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Nelson Rodriguez V. Houston County, Georgia — The Atlanta Gleaner