Hood v. State

In Hood v. State, 282 Ga. 462, 464-465 (651 SE2d 88) (2007), the Georgia Supreme Court held: "In construing the statutory signature requirement, this Court and the Court of Appeals have held that the lack of a signature is an amendable defect and does not render the unsigned document null and void." Id.; see also OCGA 9-11-15 (a) (amendments under the Civil Practice Act). Therefore, because the amended complaint was not signed by at least one attorney or by each party acting pro se, it contained a defect which could be cured by amendment. See Hood, supra; see also Bandy v. Hosp. Auth. of Walker County, 174 Ga. App. 556, 557 (1) (b) (332 SE2d 46) (1985) ("The right to amend pleadings under the Civil Practice Act is exceedingly broad.") The Georgia Supreme Court held further in Hood, supra, that "the Court of Appeals has suggested that a court should grant leave to comply with the rule as to signature rather than strike the pleading." Id. at 465.