283 Ga. App. 596 - Kirkland v. Tamplin’s Empirical Analysis
2007
Citation profile
7 state decisions
Relationships
Relies on 125 Ga. App. 423 - Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc. · Randolph v. State · In the Interest of J. E. T. · 198 Ga. App. 59 - Central of Georgia Railroad v. Lightsey · 129 Ga. App. 675 - Terrell v. Griffith
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that an action "is not a `pending suit' between the parties until after service of process." (Punctuation omitted.) [Cit.] However, "[f]iling followed by service creates a pending suit from the date of filing." [Cit.]. See Taylor v. Kohlmeyer & Co., [ 123 Ga.App. 493 (1), 181 S.E.2d 496 (1971)] (although "service or waiver is essential,... when made it relates back to the date of filing, which establishes the date the action is commenced"). [Cit.] Thus, once the suit is served, it is the commencement that is key, and, as stated in OCGA § 9-11-3(a), a "civil action is commenced by filing a complaint with the court."”
1 later decision quote this exact passage“This Court employs an abuse of discretion standard in reviewing rulings made upon motions to recuse. In order to disqualify a judge, the alleged bias must stem from an extra-judicial source and result in an opinion based on something other than what the judge learned from participating in the case. The trial judge has the duty to determine whether, assuming the truth of the facts alleged, a reasonable person might conclude that the judge harbors bias, stemming from an extrajudicial source, which is of a nature and intensity as would interfere with the exercise of impartial judgment.”
1 later decision quote this exact passage“[n]o plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter. 3”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.