Kilgore v. Stewart, Ga. App. A10A1089 (November 17, 2010):
The Georgia Court of Appeals ruled that the plaintiff’s failure to obtain the trial court’s approval of his attempts to unilaterally dismiss individual defendants in the original suit, prior to filing a purported renewal suit under O.C.G.A. § 9-2-61, required dismissal of the second suit. Pursuant to O.C.G.A. § 9-11-21, a plaintiff cannot dismiss less than all defendants without approval of the trial court. Until such approval is granted, a plaintiff’s attempts to do so are null and void. Accordingly, any attempt to file a renewal suit under O.C.G.A. § 9-2-61 violates the procedural requirement that the original action be validly dismissed without prejudice prior to filing a second action.
Assigned attorneys: Nikolai Makarenko, Jr., Esq. & Laura Danielle Johnson, Esq.
