Kelly v. Saint Francis Medical Center

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Kelly v. Saint Francis Medical Center

Case Number
S-16-0051
Call Date
December 6, 2016
Court Number
Hall
Case Summary

S-16-0051 Ann Kelly and Estate of Stephen Kelly (APPELLANT) v. Saint Francis Medical Center, Jeff S. Burwell, and other unknown persons

Hall County, Hon. Teresa K. Luther

Civil: wrongful death/survivor

Attorneys: Nichole S. Bogen, Tyler K. Spahn (Sattler & Bogen, LLP)'Patrick Vipond, Brian Brislen (Lamson, Dugan, Murray)'James Snowden, Krista M. Carlson (Wolfe, Snowden, Hurd, Luers, & Ahl, LLP)

Proceedings below: The district court determined that the complaint, filed by a non-lawyer, was a nullity and therefore the second amended complaint filed by counsel did not relate back. It then dismissed the second amended complaint as barred by the statute of limitations.

ISSUES: Whether a second amended complaint filed by counsel relates back to a complaint filed by a non-lawyer.