KROGER v. TAYLOR

No. A12A1765.

739 S.E.2d 767 (2013)

320 Ga. App. 298

KROGER et al. v. TAYLOR et al.

Court of Appeals of Georgia.

March 12, 2013.


Attorney(s) appearing for the Case

Tami Jacquelyn Peavy-Owen , Todd Stuart Handelman , Albany, for Appellant.

Douglas Lamar Gibson , Waycross, Morton G. Forbes , Savannah, for Appellee.


BRANCH, Judge.

The Kroger Company and its agent, Sedgwick CMS, appeal the denial of their motion to intervene in a worker's compensation suit, arguing that the trial court erred because their subrogation claim is not barred by the applicable statute of limitations and because they are not adequately represented by the existing parties to the litigation. We agree with these contentions and reverse.

"[W]hether a motion to intervene is timely is a decision entrusted...

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