REESE v. CITY OF ATLANTA et al., 247 Ga. App. 701

Summary

Appellant's arrest occurred October 27, 1996; his complaint was stamped "Filed" in the clerk's office October 28, 1998, although it was received in the clerk's office on October 27, 1998. Contending the lawsuit had not been filed within the applicable statute of limitation, the respondents moved for judgment on the pleadings. The trial court granted the motion. The appellate court reversed. Appellant's counsel testified that on October 26, 1998, he forwarded via Federal Express the original complaint and one copy addressed to the clerk of the trial court. According to counsel's uncontroverted testimony, he obtained written confirmation documenting that the delivery had, in fact, occurred October 27, 1998, and that the package had been signed for by an employee. The complaint contained therein was not stamped "Filed" by the clerk's office until October 28, 1998. The complaint was actually filed October 27, 1998, and the trial court erred in holding otherwise.