Day v. Burnett

2 Citing cases

  1. Tenet Healthcare Corporation v. Gilbert

    277 Ga. App. 895 (Ga. Ct. App. 2006)   Cited 10 times

    See also Carver v. Tift County Hosp. Auth.Day v. Burnett, 189 Ga. App. 905, 906 ( 377 SE2d 734) (1989).Carver v. Tift County Hosp. Auth., 268 Ga. App. 153, 154-155 ( 601 SE2d 475) (2004).

  2. 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.