Supreme Court of Georgia
Oconee County v. Cannon
February 1, 2021310 Ga. 728
Summary
The court held that relation back under OCGA § 9-11-15 (c) depends on whether the proposed defendant knew or should have known that the action would have been brought against him but for the plaintiff's mistake. That inquiry focuses on the proposed defendant's knowledge and encompasses both legal and factual mistakes concerning the proper party, rather than focusing on what the plaintiff knew. Because the trial court applied an incorrect legal standard and the record did not establish the required knowledge under the correct standard, the court vacated and remanded for further findings.