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Khawaja v. Lane Co.5/18/1999
-11-15 (c). With regard to whether Olympia Services had notice of the pendency of the action, evidence was presented that the "original complaint was served on the personal secretary of the man who served as president of both Olympia Skate Center, Inc. and Olympia Services, Inc." and later on the president himself. Id. at 601 (1). Also, we found that the two entities were "closely intertwined," as they shared "the same president, stockholder(s), bookkeeper, and accountant." Id. at 602.
Here, unlike Snyder and Ford, the undisputed evidence shows that Realty Management did not have notice of the pendency of the action against it within the two-year statute of limitation for filing a complaint for personal injuries and that Realty Management, the correct defendant, was not related to Lane Company, Inc. Although in Ford we stated that our policy is "to interpret the Civil Practice Act liberally rather than restrictively, [cits.]," id. at 602, we did not dispense with the requirement that a defendant sought to be added under OCGA § 9-11-15 (c) must have had sufficient notice of the pendency of the action. Realty Management was not given notice of the action within the time "provided by law for commencing the action against ," OCGA § 9-11-15 (c), and the trial court did not err in granting its motion for summary judgment.
3. In Case Number A99A0322, Khawaja contends that the trial court erroneously granted summary judgment to Summercourt Properties.
After the trial court granted Realty Management's motion for summary judgment, Summercourt Properties moved for summary judgment, expressly adopting the motion of Realty Management. The trial court granted summary judgment for the same reasons it entered judgment in favor of Realty Management: Khawaja's failure to show that all requirements of 9-11-15 had been met. We agree with the trial court's Conclusion. Khawaja based his motion to add Summercourt Properties on his theory "that Defendant Lane Company, Inc., either a subsidiary of or a company hired by Summercourt Properties, LP to manage subject property, is already a named Defendant. Therefore, Summercourt Properties, LP already has knowledge of the lawsuit." But as discussed above, Lane Company, Inc. was not related to the correct defendant, Realty Management, and Realty Management did not receive notice of the institution of the action against it until after expiration of the statute of limitation. Notice to Lane Company, Inc. of the pendency of the lawsuit was not notice to Summercourt Properties, and the trial court did not err in granting this defendant's motion for summary judgment.
Judgments affirmed. Pope, P. J., and Eldridge, J., concur.
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