GRESHAM v. HARRIS Et Al., 329 Ga. App. 465

Gresham sued Harris defendants for assault, conspiracy, negligence, and punitive damages relating to events in 2010.
He voluntarily dismissed the suit as to all but one defendant on July 11, 2012; dismissal order entered August 12, 2012.
Final judgment was entered October 23, 2012 as to the remaining defendant.
Gresham filed a renewal action on February 11, 2013, asserting substantially the same claims.
The trial court granted summary judgment to Harris based on expiration of the statute of limitations.
The Court of Appeals reversed, holding the renewal period began August 13, 2012, making February 11, 2013 timely.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does the six-month renewal period begin under OCGA § 9-2-61(a)?	Gresham—begins August 12, 2012 (dismissal entry)	Harris—begins July 11, 2012 (filing of partial dismissal)	Six-month period begins after dismissal entry: August 13, 2012.

Clark v. Newsome, 180 Ga. 97 (1935) (renewal right hinges on termination of the prior action; six months from termination)
Rountree v. Key, 71 Ga. 214 (1883) (discontinuance may result from want of prosecution, but renewal period starts at termination)
Kilgore v. Stewart, 307 Ga. App. 374 (2010) (renewal period begins when dismissal is effective if dismissing all parties)
Carter v. Digby, 244 Ga. App. 217 (2000) (voluntary dismissal requires court order; timing tied to dismissal filing)
Swartzel v. Garner, 193 Ga. App. 267 (1989) (reiterates timing tied to filing of dismissal/termination)
Parsons v. Capital Alliance Financial, LLC, 325 Ga. App. 884 (2014) (remedial renewal act construed liberally; six-month window tied to termination)
Morris v. Haren, 52 F.3d 947 (1995) (Eleventh Circuit: discontinuance vs dismissal distinct; timing from intention to dismiss)