O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-11-66 (2019)

Receivers

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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

History

(Ga. L. 1966, p. 609, § 66.)

Annotations

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).

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 Pro-

cedure, § 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 ALR 441.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1983–2022 · leading case: Joyner v. Leaphart, 875 S.E.2d 729 (Ga. 2022).
Sort: Relevance Newest Treatment
Joyner v. Leaphart, 875 S.E.2d 729 (Ga. 2022). · cites it 4× “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…”
Richard Nobles v. Kunio Bonney (Ga. Ct. App. 2021). · cites it 2× “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 .”
Tom Brown v. E. Howard Carson, Jr., 824 S.E.2d 605 (Ga. Ct. App. 2019). · cites it 2× “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…”
Darling v. Mclaughlin, 786 S.E.2d 657 (Ga. 2016). · cites it 2× “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…”
Reed v. Reed, 761 S.E.2d 326 (Ga. 2014). · cites it 2× “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…”
Dillard Land Investments, LLC v. Fulton Cnty., 761 S.E.2d 282 (Ga. 2014). · cites it 2× “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…”
Reed v. Reed (Ga. 2014). · cites it 2× “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…”
Dillard Land Investments, LLC v. Fulton Cnty. (Ga. 2014). · cites it 2× “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…”
Phagan v. State, 700 S.E.2d 589 (Ga. 2010). · cites it 2× “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…”
Long v. Greenwood Homes, Inc., 679 S.E.2d 712 (Ga. 2009). · cites it 4× “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…”
McKesson Corp. v. Green, 648 S.E.2d 457 (Ga. Ct. App. 2007). · cites it 2× “McKesson also argues that allowing the plaintiffs to dismiss without prejudice conflicts with OCGA § 9-11-16, which expressly permits trial courts to limit the number of expert witnesses.”
Mariner Health Care, Inc. v. Pricewaterhousecoopers, LLP, 638 S.E.2d 340 (Ga. Ct. App. 2006). · cites it 2× “1 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…”
Show all 16 citing cases →
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.