Day v. Burnett

1 Citing case

  1. Turfgrass Grp., Inc. v. Carolina Fresh Farms, Inc.

    Civil Action No. 5:10-cv-00849-JMC (D.S.C. Mar. 18, 2013)

    " "Ordinarily, whether a cause of action should be barred by the statute of limitations is a mixed question of law and fact to be decided by a jury. '[B]ut where the facts are undisputed, it is for the Court to determine whether they take the case out of the statute or not.'" Day v. Burnett, 377 S.E.2d 734, 734 (Ga. App. 1989) (internal citation omitted) (alteration in original). The facts in this case as related to the statute of limitations issue are undisputed. Accordingly, the court may appropriately determine whether Plaintiffs' PVPA claim is barred by the applicable limitations period.