COCHRAN MILL ASSOCIATES v. Stephens

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding on a motion to dismiss that fraud could not toll a statute of limitation because the plaintiffs “were clearly put on notice of [the] alleged mismanagement of the partnership’s affairs” long before the limitation period expired
• applying six-year contract limitation period to claims of fiduciary duty arising out of a real estate partnership
• “[A]ppellant must establish intentional concealment and actual deterrence before the limitation statutes will be tolled.”
• claim added through amendment to renewal complaint relates back to original action
• “[A]lthough issues concerning a plaintiff's diligence in discovering fraud usually must be resolved by the trier of fact, this is not always the case. A party may fail to exercise due diligence as a matter of law.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• GODWIN v. MIZPAH FARMS, LLLP Et Al.
  Court of Appeals of Georgia· 2014-11-21· cited 43×
• DOE v. SAINT JOSEPH'S CATHOLIC CHURCH
  Supreme Court of Georgia· 2022-03-08· cited 21×
• Mayfield v. Heiman
  Court of Appeals of Georgia· 2012-07-16· cited 18×
• HEWITT ASSOCIATES, LLC v. Rollins, Inc.
  Court of Appeals of Georgia· 2011-03-28· cited 16×
• Smith v. Suntrust Bank
  Court of Appeals of Georgia· 2014-01-15· cited 13×
• PRICEWATERHOUSECOOPERS, LLP v. Bassett
  Court of Appeals of Georgia· 2008-07-22· cited 8×
• Acuity Brands, Inc. v. Bickley
  E.D. Kentucky· 2016-03-24· cited 6×
• Bryant v. Golden
  Court of Appeals of Georgia· 2010-03-10· cited 3×
• Amirfazli v. Vatacs Group, Inc.
  Court of Appeals of Georgia· 2011-07-21· cited 3×
• Douglas Coe v. Proskauer, LLP.
  Court of Appeals of Georgia· 2021-06-30
• Curtis Mayfield v. Marvin Heiman
  Court of Appeals of Georgia· 2012-07-16
• Don W. Smith v. Suntrust Bank
  Court of Appeals of Georgia· 2014-01-15
• WILLIAM DOE v. ARCHDIOCESE OF ATLANTA
  Court of Appeals of Georgia· 2026-03-09

Cites

13 cases in this archive are cited by this case.

• Hunter, MacLean, Exley & Dunn, P.C. v. Frame
  Supreme Court of Georgia· 1998-09-14· cited 70×
• Nash v. Ohio National Life Insurance
  Court of Appeals of Georgia· 2004-03-22· cited 26×
• Goldston v. Bank of America Corp.
  Court of Appeals of Georgia· 2003-02-14· cited 24×
• Allen v. Columbus Bank & Trust Co.
  Court of Appeals of Georgia· 2000-05-31· cited 21×
• Yarbrough v. Kirkland
  Court of Appeals of Georgia· 2001-05-08· cited 21×
• Smith v. Wilfong
  Court of Appeals of Georgia· 1995-09-01· cited 16×
• Crosby v. Kendall
  Court of Appeals of Georgia· 2001-02-06· cited 14×
• Willis v. City of Atlanta
  Court of Appeals of Georgia· 2004-02-17· cited 14×
• Blalock v. Anneewakee, Inc.
  Court of Appeals of Georgia· 1992-10-14· cited 14×
• Ledbetter v. Ledbetter
  Court of Appeals of Georgia· 1996-09-10· cited 4×
• Southern Intermodal Logistics, Inc. v. D. J. Powers Co.
  Court of Appeals of Georgia· 2001-10-11· cited 4×
• Heretyk v. P. M. A. Cemeteries, Inc.
  Court of Appeals of Georgia· 2005-03-09· cited 3×
• Waycross Urology Clinic, P.C. v. Johnson
  Court of Appeals of Georgia· 2006-05-04· cited 2×