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Call Now: 904-383-7448An action wherein a receiver has been appointed shall not be dismissed except by order of the court.
(Ga. L. 1966, p. 609, § 66.)
- For provisions of Federal Rules of Civil Procedure, Rule 66, and annotations pertaining thereto, see 28 U.S.C.
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).
- 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.
- 27 C.J.S., Dismissal and Nonsuit, § 11. 35A C.J.S., Federal Civil Procedure, § 64. 35B C.J.S., Federal Civil Procedure, § 757.
- 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.
Total Results: 10
Court: Supreme Court of Georgia | Date Filed: 2022-06-22
Snippet: subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed
Court: Supreme Court of Georgia | Date Filed: 2016-05-23
Citation: 299 Ga. 106, 786 S.E.2d 657, 2016 WL 2946406, 2016 Ga. LEXIS 391
Snippet: 9-11-23 [dismissal of class actions], Code Section 9-11-66 [dismissals in actions where a receiver has been
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Snippet: (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Snippet: subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Citation: 295 Ga. 574, 761 S.E.2d 326, 2014 WL 3396533, 2014 Ga. LEXIS 584
Snippet: subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Citation: 295 Ga. 515, 761 S.E.2d 282, 2014 WL 3396511, 2014 Ga. LEXIS 583
Snippet: subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by
Court: Supreme Court of Georgia | Date Filed: 2010-10-04
Citation: 700 S.E.2d 589, 287 Ga. 856, 2010 Fulton County D. Rep. 3199, 2010 Ga. LEXIS 645
Snippet: subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by
Court: Supreme Court of Georgia | Date Filed: 2009-06-17
Citation: 679 S.E.2d 712, 285 Ga. 560, 2009 Fulton County D. Rep. 2106, 2009 Ga. LEXIS 388
Snippet: which deals with class actions], Code Section 9-11-66 [which concerns actions in which a receiver is
Court: Supreme Court of Georgia | Date Filed: 1994-09-26
Citation: 264 Ga. 475, 448 S.E.2d 203, 1994 Ga. LEXIS 782
Snippet: subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed
Court: Supreme Court of Georgia | Date Filed: 1983-01-06
Citation: 298 S.E.2d 506, 250 Ga. 459, 1983 Ga. LEXIS 550
Snippet: dismissal must be by order of the court. OCGA § 9-11-66 (Code Ann. § 81A-166). A class action may not be