agreement dismissing claim (Georgia) · Go Syfert
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agreement dismissing claim in Georgia

5 Georgia opinions name it 1 courts 2015–2025 3 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
The Coastal Bank v. Larry Rawlins, Jr.green
gactapp · 2018 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025Specifically, the statute provides: 3 OCGA § 9-11-68 (b) (2). 4 (Citation and punctuation omitted.) The Coastal Bank v. Rawlins, 347 Ga. App. 847, 850 (1) ( 821 SE2d 89 ) (2018). 5 (Citations and punctuation omitted.) Eichenblatt v. Piedmont/Maple, LLC, 358 Ga. App. 234 , 237 (1) ( 854 SE2d 572 ) (2021). 3 At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under th

2025Specifically, the statute provides: 3 OCGA § 9-11-68 (b) (2). 4 (Citation and punctuation omitted.) The Coastal Bank v. Rawlins, 347 Ga. App. 847, 850 (1) ( 821 SE2d 89 ) (2018). 5 (Citations and punctuation omitted.) Eichenblatt v. Piedmont/Maple, LLC, 358 Ga. App. 234 , 237 (1) ( 854 SE2d 572 ) (2021). 3 At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under th

11
Georgia Department of Corrections v. Couchgreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See Couch, 295 Ga. 469 at 485 (3) (b).

11
Darby v. Mathisgreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Accordingly, Pruitt abandoned in the trial court his challenge to the nature of the resolution (judgment or dismissal), and this argument presents no basis for reversal on appeal.4 2 (Punctuation omitted.) Id. at 815-816 (1), quoting Darby v. Mathis, 212 Ga. App. 444, 444-445 (1) ( 441 SE2d 905 ) (1994). 3 Both parties agree that settlements can take the form of either dismissal or judgment under OCGA § 9-11-68 (a): “[E]ither party may serve upon the other party . . . a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer a

2021Accordingly, Pruitt abandoned in the trial court his challenge to the nature of the resolution (judgment or dismissal), and this argument presents no basis for reversal on appeal.4 2 (Punctuation omitted.) Id. at 815-816 (1), quoting Darby v. Mathis, 212 Ga. App. 444, 444-445 (1) ( 441 SE2d 905 ) (1994). 3 Both parties agree that settlements can take the form of either dismissal or judgment under OCGA § 9-11-68 (a): “[E]ither party may serve upon the other party . . . a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer a

11
Radioshack Corp. v. Cascade Crossing II, LLCgreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015OCGA § 9-11-68 (a), (b) (1). *493 In determining whether this statute applies to cases that are subject to binding arbitration, we bear in mind that “[t]he cardinal rule” of statutory construction “is to ascertain the legislative intent and purpose in enacting the law, and then to give it that construction which will effectuate the legislative intent and purpose.” RadioShack Corp. v. Cascade Crossing II, 282 Ga. 841, 843 ( 653 SE2d 680 ) (2007) (citation and punctuation omitted).

2015OCGA § 9-11-68 (a), (b) (1). *493 In determining whether this statute applies to cases that are subject to binding arbitration, we bear in mind that “[t]he cardinal rule” of statutory construction “is to ascertain the legislative intent and purpose in enacting the law, and then to give it that construction which will effectuate the legislative intent and purpose.” RadioShack Corp. v. Cascade Crossing II, 282 Ga. 841, 843 ( 653 SE2d 680 ) (2007) (citation and punctuation omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Lane green
ga · 2020
1 sentence

2025In support of this contention, Jean claims that (a) the jury apportioned only 25 percent of the damages to her, amounting to $1,417,540 in damages, a recovery of only 1.2 percent more than Plaintiffs’ offer to settle the case for $1,400,000;14 (b) the judgment entered against Tom’s estate is void; and (c) Plaintiffs’ settlement offer was ambiguous and unenforceable because it did not specify that “it [was] made to settle a tort claim for the money specified in the offer [of settlement] and to enter into an agreement dismissing the claim or to allow Ga. 10, 17 (1) ( 838 SE2d 808 ) (2020), and J

12025–2025
Roberts v. Community & Southern Bank green
gactapp · 2015
2 sentences

2021Accordingly, Pruitt abandoned in the trial court his challenge to the nature of the resolution (judgment or dismissal), and this argument presents no basis for reversal on appeal.4 2 (Punctuation omitted.) Id. at 815-816 (1), quoting Darby v. Mathis, 212 Ga. App. 444, 444-445 (1) ( 441 SE2d 905 ) (1994). 3 Both parties agree that settlements can take the form of either dismissal or judgment under OCGA § 9-11-68 (a): “[E]ither party may serve upon the other party . . . a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer a

2021Accordingly, Pruitt abandoned in the trial court his challenge to the nature of the resolution (judgment or dismissal), and this argument presents no basis for reversal on appeal.4 2 (Punctuation omitted.) Id. at 815-816 (1), quoting Darby v. Mathis, 212 Ga. App. 444, 444-445 (1) ( 441 SE2d 905 ) (1994). 3 Both parties agree that settlements can take the form of either dismissal or judgment under OCGA § 9-11-68 (a): “[E]ither party may serve upon the other party . . . a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer a

12021–2021
Suntrust Bank v. Bickerstaff green
gactapp · 2019
1 sentence

2021Accordingly, Pruitt abandoned in the trial court his challenge to the nature of the resolution (judgment or dismissal), and this argument presents no basis for reversal on appeal.4 2 (Punctuation omitted.) Id. at 815-816 (1), quoting Darby v. Mathis, 212 Ga. App. 444, 444-445 (1) ( 441 SE2d 905 ) (1994). 3 Both parties agree that settlements can take the form of either dismissal or judgment under OCGA § 9-11-68 (a): “[E]ither party may serve upon the other party . . . a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer a

12021–2021
Gary Alessi v. Cornerstone Associates, Inc. green
gactapp · 2015
2 sentences

2018OCGA § 9-11-68"is in derogation of common law and it must be strictly construed against the award of [attorney fees and costs]." (Citations and punctuation omitted.) Alessi v. Cornerstone Assoc. , 334 Ga. App. 490 , 493, 780 S.E.2d 15 (2015).

2018OCGA § 9-11-68"is in derogation of common law and it must be strictly construed against the award of [attorney fees and costs]." (Citations and punctuation omitted.) Alessi v. Cornerstone Assoc. , 334 Ga. App. 490 , 493, 780 S.E.2d 15 (2015).

12018–2018

Statutes the citing opinions construe

GA § 9-11-68 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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