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ROBINSON v. BOYD

No. S10G0084.

701 S.E.2d 165 (2010)

ROBINSON et al. v. BOYD.

Supreme Court of Georgia.

October 18, 2010.

Attorney(s) appearing for the Case

Duncan & Adair, George E. Duncan, Jr. , Jennifer C. Adair , Atlanta, for appellants.

William J. Mueller , Atlanta, for appellee.

NAHMIAS, Justice.

The principal issue in this appeal is the application of our decision in Hobbs v. Arthur, 264 Ga. 359, 444 S.E.2d 322 (1994), where we held that, "inasmuch as diligence in perfecting service of process in an action properly refiled under OCGA § 9-2-61(a) must be measured from the time of filing the renewed suit, any delay in service in a valid first action is not available as an affirmative defense...

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