The Georgia Supreme Court’s recent reversal of a decision by an appeals court to dismiss a wrongful death case against health providers overturned 40 years of Georgia precedent supporting the “two-dismissal statute.”

James H. Potts II, Atlanta. (Courtesy photo) James H. Potts II, Atlanta. (Courtesy photo)

The two-dismissal rule of the Official Georgia Code § 9-11-41 (a) (3) states that an “action may be dismissed by the plaintiff, without order or permission of court … by filing a written notice of dismissal at any time before the first witness is sworn.” However, a second notice of dismissal serves as an “adjudication upon the merits,” meaning it also dismisses the original complaint.

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