Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Carter v. Digby

The 6-month period for renewing an action begins on the date that the written voluntary dismissal is filed with the court.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Charlie Carter sued Leon Digby for injuries allegedly sustained in an automobile-pedestrian collision that occurred on December 3, 1993. On the day of trial, June 16, 1998, after the trial court denied his motion for a continuance, plaintiff’s counsel informed the court of his intent to dismiss the case. Counsel signed a voluntary dismissal that day and served it on defense counsel by mail. The dismissal was not filed with the court, however, until July 9, 1998. On January 11, 1999, Carter filed a renewal action pursuant to OCGA § 9-2-61. Digby moved to dismiss, contending that the action was not filed within the six-month renewal period set forth in the statute. The trial court granted the motion, holding that the six-month period began on June 16, 1998, when plaintiff’s counsel announced his intent to dismiss, rather than on July 9, 1998, when the voluntary dismissal was filed with the court.1 Because the renewal period begins upon the filing of the written dismissal, we reverse.2

OCGA § 9-11-41 a 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 plaintiff rests his case.” OCGA § 9-2-61 a provides that

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
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...


Apply Now ›
(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...


Apply Now ›
(NEW) MID-SENIOR LEVEL LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client , is seeking to hire a mid-senior attorney for their growing Alabama team. Qualified candidates will have 4+ years of litigatio...


Apply Now ›
Go to Lawjobs