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JENKINS v. CREA

No. A07A1950.

656 S.E.2d 849 (2008)

JENKINS v. CREA.

Court of Appeals of Georgia.

January 11, 2008.

Attorney(s) appearing for the Case

Robert B. Langstaff Jr., Albany, J. Hugh Gordon, Tifton, for appellant.

Page, Scrantom, Sprouse, Tucker & Ford, J. Ronald Mullins Jr., Travis C. Hargrove, Columbus, Stanley L. Merritt Jr., for appellee.

MIKELL, Judge.

In this interlocutory appeal, Xavier Jenkins challenges the trial court's denial of his motion to dismiss John Crea's counterclaim. Jenkins contends that the trial court erred in refusing to dismiss the counterclaim because Crea had a prior pending action in Tift County. We agree and reverse.

On February 10, 2004, Jenkins and Crea were involved in an automobile collision in Tift County. Both were injured and allege that the other's negligence...

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