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Galardi v. City of Forest Park

The Court vacated the dismissal of the plaintiffs' complaint for want of prosecution and remanded the case to the trial court with direction to file a new order explaining the basis of its ruling.

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Jack Galardi, Red Eyed, Inc. d/b/a Crazy Horse Saloon, Walleye, LLC, Mia Luna, Inc. d/b/a Pink Pony South and JGP&P, LLC collectively, Appellants appeal from the trial court’s dismissal of their complaint for want of prosecution. Finding no abuse of discretion, we affirm.

OCGA § 9-11-41 b allows the trial court to dismiss a plaintiff’s case without prejudice when there has been a “failure of the plaintiff to prosecute or to comply with this chapter or any order of the court. . . .”1 A dismissal without prejudice for failure of the plaintiff to prosecute “does not operate as an adjudication upon the merits,” OCGA § 9-11-41 b, and such a dismissal by the trial court for failure to prosecute “is discretionary . . . and is not subject to review by this Court in the absence of an abuse of that discretion.” Citation and punctuation omitted. Peachtree Winfrey Assocs. v. Gwinnett County Bd. of Tax Assessors, 197 Ga. App. 226, 226 398 SE2d 253 1990. With these guiding principles in mind, we now turn to Appellants’ enumerations of error.

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