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McCLENDON v. KROGER CO.

No. A06A0425.

631 S.E.2d 461 (2006)

279 Ga. App. 417

McCLENDON v. KROGER COMPANY.

Court of Appeals of Georgia.

May 16, 2006.

Attorney(s) appearing for the Case

Gordon & Boykin, Jerry Boykin, Marietta, for appellant.

Douglas A. Wilde, Peachtree City, for appellee.

BARNES, Judge.

On March 26, 2003, Daniel McClendon filed a complaint for damages against the Kroger Company in Cobb County alleging false imprisonment and false arrest after he was arrested for criminal trespass in March 2001 at a Bibb County Kroger. On June 15, 2004, following a peremptory calendar, the action was dismissed for want of prosecution. McClendon, apparently, never perfected service upon Kroger.

On December 14, 2004, after the expiration of the...

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