Cracker Barrel Old Country Store, Inc. v. Robinson
341 Ga. App. 285
| Ga. Ct. App. | 2017Background
- Robinson filed a food-poisoning suit against Cracker Barrel on Feb. 4, 2014 in Douglas County and voluntarily dismissed it on Apr. 22, 2014.
- She refiled the same claim in Gwinnett County on Apr. 25, 2014 and voluntarily dismissed that second action on Sept. 14, 2015 (after the two-year limitations period expired).
- Robinson then filed a "renewal" action in Douglas County on Jan. 25, 2016 under OCGA § 9-2-61(a) within six months of the second dismissal.
- Cracker Barrel moved to dismiss, arguing Robinson’s two prior voluntary dismissals operated as an adjudication on the merits under OCGA § 9-11-41(a)(3), barring a third filing and defeating the renewal.
- The trial court found (sua sponte) that the first complaint was not served before dismissal and thus was "null and void," treating the second dismissal as the first for § 9-11-41 purposes and permitting renewal.
- The Court of Appeals found no record support for the trial court’s service finding, held the first dismissal counted, concluded the second dismissal operated as an adjudication on the merits, reversed the denial of Cracker Barrel’s motion to dismiss, and remanded for dismissal with consideration of attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson’s first voluntary dismissal counted for § 9-11-41(a)(3) | First filing was valid and both prior dismissals were voluntary; renewal permitted under § 9-2-61(a) | The first dismissal counted; two voluntary dismissals operate as an adjudication on the merits under § 9-11-41(a)(3) | The Court of Appeals found no evidence to support the trial court’s contrary service finding and held the first dismissal counted for § 9-11-41(a)(3) |
| Whether the second voluntary dismissal operated as an adjudication on the merits | Renewal statute should allow the third filing because dismissal sequence did not decide the merits | Second voluntary dismissal operates as an adjudication on the merits and bars refiling as a renewal | Court held the second dismissal was an adjudication on the merits under § 9-11-41(a)(3), barring renewal |
| Whether the renewal statute (§ 9-2-61(a)) allowed recommencement after two voluntary dismissals | Robinson invoked § 9-2-61(a) (six-month renewal) for recommencing the action | Renewal does not apply where the prior dismissal was on the merits | Court held § 9-2-61(a) does not permit renewal where the second dismissal operated as an adjudication on the merits |
| Whether trial court erred in denying defendant’s request for attorney fees | Robinson opposed fees; argued filings were proper renewals | Cracker Barrel sought fees under OCGA § 9-15-14(a) | Court remanded for consideration of attorney fees and expenses after reversal |
Key Cases Cited
- Global Ship Systems v. RiverHawk Group, 334 Ga. App. 860 (2015) (second voluntary dismissal operates as an adjudication on the merits under § 9-11-41)
- Walker v. Mecca, 320 Ga. App. 142 (2013) (same principle regarding effect of successive voluntary dismissals)
- Hobbs v. Arthur, 264 Ga. 359 (1994) (OCGA § 9-2-61(a) is remedial and construed liberally but does not apply where dismissal affects the merits)
- Anderson v. Westmoreland, 286 Ga. App. 561 (2007) (appellate review will uphold trial court findings only if supported by evidence)
- Atlanta v. North by Northwest Civic Assn., 262 Ga. 531 (1992) (trial court orders based solely on unsupported factual findings are reversible)
- LaSonde v. Chase Mtg. Co., 259 Ga. App. 772 (2003) (standard for sustaining a motion to dismiss)