BEASLEY, Presiding Judge.
Mosby was arrested for issuing a bad check based on the testimony of Frankie Lee. The criminal charge against Mosby was later dismissed and Mosby sued Lee for malicious prosecution.
On December 17, 1992, Lee died. Lee's attorney filed a statement of the fact of Lee's death with the clerk of superior court on January 13, 1993, which was served on Mosby's counsel on January 11, 1993. On July 29, 1993, Lee's attorney filed a motion to...
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