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Ehrhardt v. Manuel

White v. KFC Nat. Mgmt. Co., 229 Ga. App. 73 1997 adversely decided the plaintiffs' contention that O.C.G.A. § 9-2-61's 1-renewal limitation is not applicable to cases refiled within six months of a dismissal under the 5-year rule of either O.C.G.A. § 9-2-60 c or § 9-11-41 e.

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Nancy and Wayne Ehrhardt appeal the dismissal of this their third civil action arising out of the same automobile accident. We affirm. The parties agree that the accident occurred on December 16, 1998 and that the Ehrhardts first filed suit against Patricia Manuel on December 13, 2000. On January 29, 2003, over four years after the accident, the Ehrhardts dismissed the case without prejudice.

The Ehrhardts refiled the suit on July 28, 2003, after the running of the applicable statutes of limitation, pursuant to the renewal provision of OCGA § 9-2-61 a, which allows a party to dismiss and refile after the running of the statute of limitations, but only once : if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once. OCGA § 9-2-61 a. The second suit then proceeded but no written orders were filed for five years. That suit was therefore dismissed by operation of law on July 28, 2008 under the five-year rule, which in the version found in OCGA § 9-2-60 b, provides,

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