O.C.G.A.

O.C.G.A. § 9-11-14 (2019)

Third-party practice

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) When defendant may bring in third party. At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than ten days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff’s claim as provided in Code Section 9-11-12 and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Code Section 9-11-13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff’s claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in Code Section 9-11-12 and his counterclaims and cross-claims as provided in Code Section

Notes of Decisions

Cited in 78 cases (1 in the last 5 years), 1983–2024 · leading case: Satilla Cmty. Serv. Bd. v. Satilla Health Servs., Inc., 573 S.E.2d 31 (Ga. 2002).

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Satilla Cmty. Serv. Bd. v. Satilla Health Servs., Inc., 573 S.E.2d 31 (Ga. 2002). · cites it 12× “After a party has been properly impleaded into an action based on a claim for secondary liability, OCGA §§ 9-11-14 and 9-11-18 permit certain direct claims to be brought against the impleaded party.”

Fireman's Fund Ins. Co. v. Univ. Of Georgia Athletic Ass'n, Inc., 654 S.E.2d 207 (Ga. Ct. App. 2007). · cites it 4× “After an unqualified denial of coverage, the proper legal procedure to make such a determination is not instituting a new declaratory judgment action but, rather, impleading the insurer into the pending action by filing a third-party complaint pursuant to OCGA § 9-11-14. Vara v.…”

Fedeli v. UAP/Ga. Ag. Chem., Inc., 514 S.E.2d 684 (Ga. Ct. App. 1999). · cites it 8× “OCGA § 9-11-14 (a), which sets forth the rules for third party actions, provides that the third-party defendant .”

Vara v. Essex Ins., 604 S.E.2d 260 (Ga. Ct. App. 2004). · cites it 6× “Under OCGA § 9-11-14, when the insurer has denied coverage to its insured and has refused to defend, the insured may implead into the suit the insurer, by a third-party action, because the insurance policy is an indemnity agreement that if there is coverage then such policy will…”

Hous. Auth. of Savannah v. Greene, 383 S.E.2d 867 (Ga. 1989). · cites it 4× “The second question is whether the statute is applicable to a third-party complaint brought under OCGA § 9-11-14 (Rule 14). In this case, the Housing Authority of Savannah was named as one of multiple defendants in a wrongful-death action in which it is alleged that the…”

J. Smith Lanier & Co. v. Acceptance Indem. Ins., 612 S.E.2d 843 (Ga. Ct. App. 2005). · cites it 10× “Pursuant to OCGA § 9-11-14 (a), a defendant may sue as a third-party defendant one “who is or may be liable to [it] for all or part of the [original] plaintiffs claim against [it].”

Jacobsen v. Muller, 352 S.E.2d 604 (Ga. Ct. App. 1986). · cites it 4× “Nevertheless, the special concurrence entirely misses the point of Long: Long simply applied traditional tort principles in holding a party liable for his negligent acts, the same as we have held promiscuous parties liable for the support of the child born out of wedlock.”

McCormick v. Rissanen, 340 S.E.2d 268 (Ga. Ct. App. 1986). · cites it 8× “Appellee also filed a third-party complaint against appellant individually seeking damages as a result of the purported tortious conduct. This interlocutory appeal arises from the trial court's denial of appellant's motion to dismiss appellee's third-party complaint.”

CMT Inv. Co. v. Automated Graphics Unlimited, Inc., 333 S.E.2d 196 (Ga. Ct. App. 1985). · cites it 8× “However, while the majority opinion and Judge Beasley's dissenting opinion assume the necessity of a court order under the provisions of OCGA § 9-11-21, I do not believe that this statute is applicable to these circumstances.”

Michaels v. Kessler, 381 S.E.2d 103 (Ga. Ct. App. 1989). · cites it 16× “OCGA § 9-11-14 (a) provides that "after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him.”

Murray v. Patel, 696 S.E.2d 97 (Ga. Ct. App. 2010). · cites it 6× “Patel’s first argument in support of his motion to dismiss the third-party complaint was that it was an impermissible attempt to substitute defendants. A third-party complaint must be against one who is or may be liable to the third-party plaintiff for all or part of the…”

Walden v. John D. Archbold Mem'l Hosp., Inc., 398 S.E.2d 271 (Ga. Ct. App. 1990). · cites it 4× “Thus, if plaintiff[s] [are] not the real part[ies] at interest, the court should in hearing the preliminary defense make a determination under [OCGA § 9-11-17], and if the indispensable party can be joined, the court should ordinarily permit the joinder and not dismiss but take…”

Show all 78 citing cases →

— 9-11-14(a) — 4 cases

Satilla Cmty. Serv. Bd. v. Satilla Health Servs., Inc., 573 S.E.2d 31 (Ga. 2002). “After a party has been properly impleaded into an action based on a claim for secondary liability, OCGA §§ 9-11-14 and 9-11-18 permit certain direct claims to be brought against the impleaded party.”

Automated Med. Servs., Inc. v. Holland, 303 S.E.2d 127 (Ga. Ct. App. 1983).

State v. Gober, 494 S.E.2d 724 (Ga. Ct. App. 1997).

Mccray v. Fed. Nat. Mortg. Ass'n, 663 S.E.2d 736 (Ga. Ct. App. 2008).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.