Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brown v. Kroger Co.

The trial court lacked jurisdiction over the plaintiff's motion to reinstate her suit because the suit was automatically dismissed after five years passed without an order being filed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The issue in this appeal is whether the trial court properly found that plaintiff Brown was not entitled to renew her action pursuant to OCGA § 9-2-601 because the action was automatically dismissed by operation of law under OCGA § 9-11-41e2 more than six months before her renewal action was filed. We conclude that the renewal was not authorized, and consequently, affirm the trial court’s grant of summary judgment to the defendants.3 On August 11, 1995, Manard Brown filed suit in the State Court of Fulton County against The Kroger Company for her alleged injuries arising out of a 1993 armed robbery on Kroger’s premises. Five years later, the case was automatically dismissed for want of prosecution under OCGA § 9-11-41 e. On July 20, 2001, the state court entered an order confirming the dismissal for want of prosecution. Approximately two months later, on September 17, 2001, Brown refiled the action as a renewal of the original suit.4 On November 2, 2001, The Kroger defendants, collectively “Kroger” moved for summary judgment, arguing that the case had been automatically dismissed on August 11, 2000, and therefore, that the deadline for renewal had expired six months thereafter on February 11, 2001. The state court granted the motion for summary judgment in the renewed action on February 5, 2002.

Brown contends that interpreting the automatic dismissal and renewal provisions of OCGA § 9-2-60b & c and OCGA § 9-11-41e so that the six-month period for renewal commenced on the date of the automatic dismissal rather than on the date of the court order which memorialized the dismissal unconstitutionally deprived her of her rights to notice, due process, and equal protection under the State and Federal Constitutions.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements