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11th Cir 5th Cir accrued affidavit agreement alleged ALR2d ALR3d ALR4th amendment appeal applicable appointment arbitration attorney auditor award barred begins to run breach cause of action cert City of Atlanta Civil Code 1895 Civil Code 1910 claim Code section Constr Cont'd contract Corp corporation counsel damages declaratory judgment defendant defendant's denied discretion dismissed enforce enjoin equity evidence fact filed former Code 1933 fraud Georgia granted grounds injunction issue JUDICIAL DECISIONS jury liability limitation period long-arm statute mandamus medical malpractice ment Mercer minimum contacts motion Nat'l Bank negligence nonresident officer party pending personal injury personal jurisdiction petition plaintiff pleadings proceeding quo warranto receiver relief remedy res judicata RESEARCH REFERENCES resident rule service of process statute of limitations statute of repose suit superior court Supp tion tolling tort trial court venue verdict writ