S. States Chemical, Inc. v. Tampa Tank & Welding, Inc.

3 Citing cases

  1. S. States Chem. v. Tampa Tank & Welding, Inc.

    316 Ga. 701 (Ga. 2023)   Cited 11 times
    Concluding that statutes of repose provide substantive rights, in part, because they extinguish "a plaintiff's right to bring a cause of action after the repose deadline and [because] a defendant has the right to rely on the certainty of the repose deadline"

    "As part of its claim for breach of contract, [Southern States] had previously asserted that it was the intended beneficiary of the contract between Tampa Tank and CCI, that CCI had promised, in its post-installation report, that the cathodic protection system would last 43-45 years, and that this promise was intended for [Southern States's] benefit." Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. , 359 Ga. App. 731, 734 n.2, 858 S.E.2d 72 (2021) ("Southern States IV ").

  2. Gotel v. Carter

    Civil Action 5:21-cv-00388-TES (M.D. Ga. Nov. 4, 2021)

    Regardless of whether Plaintiff has a valid claim for breach of a written contract under Georgia law, such a claim “would be subject to the general six-year statute of limitation.” S. States Chem., Inc. v. Tampa Tank & Welding, Inc., 858 S.E.2d 72, 79 (Ga.Ct.App. 2021) (citing O.C.G.A. § 9-3-24). As to this limitation period, Georgia law provides, “All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.” O.C.G.A. § 9-3-24.

  3. Smith v. Kayfan

    364 Ga. App. 651 (Ga. Ct. App. 2022)   Cited 4 times
    Holding that OCGA § 9-3-71 "provides a bright-line rule that the statute of ultimate repose cannot be tolled"

    Southern States Chem. v. Tampa Tank & Welding , 359 Ga. App. 731, 737 (2), 858 S.E.2d 72 (2021) (citations omitted).