two-dismissal rule (Georgia) · Go Syfert
← Georgia issues

two-dismissal rule in Georgia

5 Georgia opinions name it 2 courts 2022–2023 5 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 (10)

CaseFollowedCited
JOYNER v. LEAPHARTgreen
ga · 2022 · cited in 4 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

44
Plummer v. Plummergreen
ga · 2019 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

22
Department of Public Safety v. Ragsdalegreen
ga · 2020 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

22
RES-GA McDonough, LLC v. Taylor English Duma LLPgreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

22
Price v. Department of Transportationgreen
ga · 1987 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

2023Safety v. Ragsdale, 308 Ga. 210, 210 ( 839 SE2d 541 ) (2020) (same); Plummer v. Plummer, 305 Ga. 23, 23-24 ( 823 SE2d 258 ) (2019) (same); RES-GA McDonough, LLC v. Taylor English Duma LLP, 302 Ga. 444, 444-445 ( 807 SE2d 381 ) (2017) (same); Price v. Dept. of Transp. of Georgia, 257 Ga. 535, 536 ( 361 SE2d 146 ) (1987), superseded by constitutional amendment as stated in Lathrop, 301 Ga. at. 422 (II) (B) (“We note the waiver speaks of ‘actions’ and of ‘claims.’ For certain actions there is a waiver of sovereign immunity.

22
RILEY, COMMISSIONER v. GEORGIA ASSOCIATION OF CLUB EXECUTIVES, INC.; And Vice Versagreen
ga · 2022 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

22
McInerney v. McInerneygreen
ga · 2022 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

2023See, e.g., Joyner v. Leaphart, 314 Ga. 1, 4-7 (2) (a) ( 875 SE2d 729 ) (2022) (referring to 15 “actions” as lawsuits and distinguishing between the two-dismissal rule’s applicability to “actions” and “claims”); McInerney v. McInerney, 313 Ga. 462, 463 (1) ( 870 SE2d 721 ) (2022) (using the term “action” to refer to a lawsuit); Riley v. Georgia Assn. of Club Execs., 313 Ga. 364, 364 ( 870 SE2d 405 ) (2022) (same); Dept. of Pub.

22
Coen v. CDC Software Corp.green
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022It is well established that, under Georgia law, “[t]hree prerequisites must be satisfied before res judicata applies – (1) identity of the cause of action, (2) identity of the parties or their 12 privies, and (3) previous adjudication on the merits by a court of competent jurisdiction.” (Citations omitted.) Coen v. CDC Software Corp., 304 Ga. 105, 112 (2) (816 SE2d 670) (2018).

2022It is well established that, under Georgia law, “[t]hree prerequisites must be satisfied before res judicata applies – (1) identity of the cause of action, (2) identity of the parties or their 12 privies, and (3) previous adjudication on the merits by a court of competent jurisdiction.” (Citations omitted.) Coen v. CDC Software Corp., 304 Ga. 105, 112 (2) (816 SE2d 670) (2018).

11
Walker v. Meccagreen
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022These cases include Walker, 320 Ga. App. at 143 (The two-dismissal rule has preclusive effect and “applies when an action seeking recovery on the same claim was brought and dismissed twice, regardless of the parties named as defendants.”) and Belco Elec., 204 Ga. App. at 815 (The two-dismissal rule “is designed to prevent a plaintiff from repeatedly filing actions for the same claim against any defendant, not only previously named defendants.”). 16 In its order granting Leaphart and MPPG’s motion to dismiss, the trial court determined that the Joyners had voluntarily filed a second notice dism

2022These cases include Walker, 320 Ga. App. at 143 (The two-dismissal rule has preclusive effect and “applies when an action seeking recovery on the same claim was brought and dismissed twice, regardless of the parties named as defendants.”) and Belco Elec., 204 Ga. App. at 815 (The two-dismissal rule “is designed to prevent a plaintiff from repeatedly filing actions for the same claim against any defendant, not only previously named defendants.”). 16 In its order granting Leaphart and MPPG’s motion to dismiss, the trial court determined that the Joyners had voluntarily filed a second notice dism

11
Belco Electric, Inc. v. Bushgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022These cases include Walker, 320 Ga. App. at 143 (The two-dismissal rule has preclusive effect and “applies when an action seeking recovery on the same claim was brought and dismissed twice, regardless of the parties named as defendants.”) and Belco Elec., 204 Ga. App. at 815 (The two-dismissal rule “is designed to prevent a plaintiff from repeatedly filing actions for the same claim against any defendant, not only previously named defendants.”). 16 In its order granting Leaphart and MPPG’s motion to dismiss, the trial court determined that the Joyners had voluntarily filed a second notice dism

2022These cases include Walker, 320 Ga. App. at 143 (The two-dismissal rule has preclusive effect and “applies when an action seeking recovery on the same claim was brought and dismissed twice, regardless of the parties named as defendants.”) and Belco Elec., 204 Ga. App. at 815 (The two-dismissal rule “is designed to prevent a plaintiff from repeatedly filing actions for the same claim against any defendant, not only previously named defendants.”). 16 In its order granting Leaphart and MPPG’s motion to dismiss, the trial court determined that the Joyners had voluntarily filed a second notice dism

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

GA § 9-11-41 (3) GA § 9-2-1 (3)

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.

Where else courts name it

CA 33 (1993–2025) FL 12 (1957–2024) OH 12 (1990–2019) NC 9 (1989–2019) AR 8 (2000–2015) WA 7 (1983–2021) GA 5 (2022–2023) UT 3 (2002–2016) IL 2 (2020–2024) KS 2 (1995–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check