McCALLA v. STUCKEY

No. A98A1196.

504 S.E.2d 269 (1998)

233 Ga. App. 397

McCALLA et al. v. STUCKEY.

Court of Appeals of Georgia.

July 13, 1998.


Attorney(s) appearing for the Case

Morris, Manning & Martin, Lewis E. Hassett, Tacita A. Scott, Atlanta, for appellants.

Page & Bacek, Edward J. Dovin, Michel V. Hurley, Atlanta, for appellee.


POPE, Presiding Judge.

The sole issue in this appeal is whether Count 1 of plaintiff Stuckey's complaint was governed by OCGA § 9-3-23, which provides a 20-year period of limitations for written contracts under seal, or by OCGA § 9-3-24, which provides a six-year limitation period for ordinary contracts which are not under seal. The superior court determined that the 20-year period applied and denied defendants' motion to dismiss. We granted defendants'...

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