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LANDMARK ENGINEERING, INC. v. COOPER et al.
A96A1393.
ANDREWS, Judge.
Statute of limitation. Fulton Superior Court. Before Judge Cook.
The Coopers sued Landmark Engineering in 1994, claiming its surveyor negligently prepared a plat of their property in 1984. On the plat, the surveyor signed his name and attached his seal showing him to be a legally registered professional. Landmark moved for summary judgment based on the expiration of the four-year statute of limitation for professional negligence, OCGA 9-3-25. The trial court denied the motion, finding the plat to be an "instrument under seal" governed by a 20-year limitation period under OCGA 9-3-23. We granted Landmark's application for interlocutory appeal and reverse.
Svcs. v. Halligan, 186 Ga. App. 621, 622 (1) (368 SE2d 148) (1988), holding the four-year limitation period of OCGA 9-3-25 applicable to actions for professional malpractice.
As the record reveals without question that any applicable statute of limitation passed long before this suit was filed, and nothing in the record raises an issue of tolling, we reverse the trial court's denial of Landmark's motion for summary judgment.
Notes
1  Landmark contends the plat is not a contract or other legal instrument but is, rather, the final product of an oral agreement between the parties to provide a service: preparation of a survey and plat.
Chambers, Mabry, McClelland & Brooks, Emory S. Mabry III, Robert M. Malcom, Johnson & Freeman, Horace J. Johnson, Jr., for appellees.
Fortson, Bentley & Griffin, Walter W. Hays, Jr., Robert N. Elkins, for appellant.
DECIDED SEPTEMBER 13, 1996.
Thursday May 21 05:45 EDT


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