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2018 Georgia Code 9-11-66 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-11-66 Case Law from Google Scholar Amendments to OCGA 9-11-66

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 8 PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

9-11-66. Receivers.

An action wherein a receiver has been appointed shall not be dismissed except by order of the court.

(Ga. L. 1966, p. 609, § 66.)

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 66, and annotations pertaining thereto, see 28 U.S.C.

JUDICIAL DECISIONS

Voluntary dismissal of complaint does not automatically discharge receiver who has qualified and taken possession of funds as once a receiver has been appointed, the receiver cannot be dismissed except by order of court. Dixie-Land Iron & Metal Co. v. Piedmont Iron & Metal Co., 233 Ga. 970, 213 S.E.2d 897, later appeal, 235 Ga. 503, 220 S.E.2d 130 (1975).

Cited in Darling v. McLaughlin, 299 Ga. 106, 786 S.E.2d 657 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 24 Am. Jur. 2d, Dismissal, Discontinuance, and Nonsuit, §§ 15 et seq., 32, 36 et seq. 65 Am. Jur. 2d, Receivers, §§ 78 et seq., 116 et seq.

C.J.S.

- 27 C.J.S., Dismissal and Nonsuit, § 11. 35A C.J.S., Federal Civil Procedure, § 64. 35B C.J.S., Federal Civil Procedure, § 757.

ALR.

- Right to bring action against corporation, or prosecute pending action, as affected by the appointment of a receiver for the corporation, 8 A.L.R. 441.

Cases Citing O.C.G.A. § 9-11-66

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Reed v. Reed, 295 Ga. 574 (Ga. 2014).

Cited 25 times | Published | Supreme Court of Georgia | Jul 11, 2014 | 761 S.E.2d 326

... 9-11-41 (a) (1).1 1 The relevant portions of this statute provide as follows: (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is sworn; or (B) By...
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Lakes v. Marriott Corp., 264 Ga. 475 (Ga. 1994).

Cited 25 times | Published | Supreme Court of Georgia | Sep 26, 1994 | 448 S.E.2d 203

...as misled by the superior court clerk's staff to believe that filing a demand for trial with the clerk was sufficient. [4] OCGA § 9-11-41 (a): Voluntary dismissal; effect. Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, 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....
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Groves v. Groves, 298 S.E.2d 506 (Ga. 1983).

Cited 19 times | Published | Supreme Court of Georgia | Jan 6, 1983 | 250 Ga. 459

...there can be no dismissal against defendant's objection, unless the counterclaim can remain pending for independent adjudication. OCGA § 9-11-41 (Code Ann. § 81A-141). If a receiver has been appointed, dismissal must be by order of the court. OCGA § 9-11-66 (Code Ann....
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Dillard Land Investments, LLC v. Fulton Cnty., 295 Ga. 515 (Ga. 2014).

Cited 12 times | Published | Supreme Court of Georgia | Jul 11, 2014 | 761 S.E.2d 282

...of attorneys fees and expenses of litigation.” 3 OCGA § 9-11-41 (a) says: (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before...
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Phagan v. State, 700 S.E.2d 589 (Ga. 2010).

Cited 12 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 287 Ga. 856, 2010 Fulton County D. Rep. 3199

...the same footing, as to limitation, with the original action. [3] OCGA § 9-11-41 provides in relevant part: (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action....
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Joyner v. Leaphart, 875 S.E.2d 729 (Ga. 2022).

Cited 7 times | Published | Supreme Court of Georgia | Jun 22, 2022 | 314 Ga. 1

...OCGA § 9-11-41 (a),6 which governs 6 OCGA § 9-11-41 (a) provides: (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is s...
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Long v. Greenwood Homes, Inc., 679 S.E.2d 712 (Ga. 2009).

Cited 6 times | Published | Supreme Court of Georgia | Jun 17, 2009 | 285 Ga. 560, 2009 Fulton County D. Rep. 2106

...For all of these reasons, I believe the judgment of the Court of Appeals should be affirmed. I am authorized to state that Justice Thompson and Justice Hines join in this dissent. NOTES [1] OCGA § 9-11-41(a)(1) states that "[s]ubject to the provisions of [OCGA § 9-11-23(e) which deals with class actions], Code Section 9-11-66 [which concerns actions in which a receiver is appointed], and any statute, an action may be dismissed by a plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witn...
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Darling v. Mclaughlin, 299 Ga. 106 (Ga. 2016).

Cited 2 times | Published | Supreme Court of Georgia | May 23, 2016 | 786 S.E.2d 657

...which a plaintiff may voluntarily dismiss his or her case without prejudice. The first two methods are provided in OCGA § 9-11-41 (a) (1), which states: Subject to the provisions of subsection (e) of Code Section 9-11-23 [dismissal of class actions], Code Section 9-11-66 [dismissals in actions where a receiver has been appointed], and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at an...

Dillard Land Investments, LLC v. Fulton Cnty. (Ga. 2014).

Published | Supreme Court of Georgia | Jul 11, 2014 | 786 S.E.2d 657

...of attorneys fees and expenses of litigation.” 3 OCGA § 9-11-41 (a) says: (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness...

Reed v. Reed (Ga. 2014).

Published | Supreme Court of Georgia | Jul 11, 2014 | 786 S.E.2d 657

...de as follows: (a) Voluntary dismissal; effect: After Wife filed a notice of hearing on her counterclaim, Husband filed (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is sworn; or (B) By filing a stipulation...