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COTTON v. LAMB

No. A03A1837.

593 S.E.2d 19 (2003)

265 Ga. App. 73

COTTON et al. v. LAMB.

Court of Appeals of Georgia.

Reconsideration Denied January 8, 2004.

Attorney(s) appearing for the Case

James S. Grimes, Athens, for appellants.

Blasingame, Burch, Garrard, Bryant & Ashley, M. Steven Heath, Fortson, Bentley & Griffin, J. Edward Allen, Jr., Richard G. Douglass, Athens, for appellee.

BLACKBURN, Presiding Judge.

In this personal injury action, Thomas and Gloria Cotton (the "Cottons") appeal the trial court's order dismissing their complaint against Joshua Lamb, arguing that the trial court erred (1) in entertaining Lamb's untimely motion to dismiss, and (2) in dismissing their case on the ground that they had not exercised sufficient diligence in serving Lamb. For the reasons that follow, we reverse.

On March 2, 2000, Lamb, driving at a...

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