Memar v. Styblo

How courts have described this case

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

• allowing amendment to substitute the administrator of the estate as the proper party plaintiff after the expiration of the repose period in a medical-malpractice action originally filed in the name of the estate, a non-legal entity
• “[A]n estate is not a legal entity which can be a party plaintiff to legal proceedings, and the exclusive right to bring an action on behalf of [the] estate reside[s] in the estate’s legal representative, executor, or administrator.”
• “Where the effort is not to correct a misnomer but to add or substitute a new party by amendment, OCGA § 9-11-15 (a) must be read in pari materia with OCGA § 9-11-21, which requires a court order.”

Source: CourtListener parenthetical corpus (CC0).