Legal Question in Appeals and Writs in Georgia

Re: case reinstatement

Complex question for one sentence. The statue states: 9-3-90.

(a) Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. Sec. (b) applies to prisoners and states that, basically, time behind bars shall be the same (in a civil case) as time free after 1985.

Your question inquires about reinstatement, this statute speaks to originating a claim. Are you inquiring about the 6 month right of reinstatment in Ga after a claim is dismissed? Or, more likely, you or someone you know was subject to Sec (a) Or (b) of 9-3-90 and now you want to file an original claim. Under sec (a) the statute of limitation (S?L) begins to run from the date the plaintiff is no longer crazy. Under (b), though you have to go to caselaw to find it, prisoners have now the worst of all possible civil worlds. There is no tolling of any civil claim because they are in prision. So, if they miss a statute while they are in jail, they they have missed it. My understanding is that now there is not counting of the S/L from the date of release forward as there was many years ago. HCW