Summary
holding that running of statute of limitations in action was not tolled by filing of previous suit in federal court to recover for the same alleged injury
Summary of this case from Mayhew v. Eikenberry Associates, Inc. (S.D.Ind. 2005)Opinion
68406.
DECIDED JUNE 25, 1984. REHEARING DENIED JULY 11, 1984.
Conversion. Tattnall Superior Court. Before Judge Findley.
Earl Lee Brown, pro se. Michael J. Bowers, Attorney General, for appellees.
This action to recover for alleged conversion of personal property is clearly barred by the 4-year limitation period set forth in OCGA § 9-3-32. The running of the statute was not tolled by the filing of a previous suit in federal court to recover for the same alleged injury. See Blaustein v. Harrison, 160 Ga. App. 256 ( 286 S.E.2d 758) (1981); Henson v. Columbus Bank Trust Co., 144 Ga. App. 80 (4) ( 240 S.E.2d 284) (1977). It follows that the trial court did not err in granting summary judgment to the appellees.
Judgment affirmed. Pope and Benham, JJ., concur.