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PHAGAN v. STATE

No. S10A1051.

700 S.E.2d 589 (2010)

PHAGAN v. The STATE.

Supreme Court of Georgia.

October 4, 2010.

Attorney(s) appearing for the Case

William F. Rucker , Decatur, for appellant.

Lee Darragh , Dist. Atty., Kathleen J. Devine , Asst. Dist. Atty., for appellee.

HINES, Justice.

This Court granted Delma Cecil Phagan's application for a certificate of probable cause to appeal an order of the Superior Court of Hall County denying Phagan's petition for writ of habeas corpus on the basis that the petition was untimely filed. The issue is whether the statutory provisions that allow for the renewal of civil actions after dismissal, namely OCGA § 9-2-60(b), (c)1 and OCGA § 9-11-41 (e),

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