2021 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 4 - Dismissal and Renewal
§ 9-2-62. Retraxit and Dismissal or Discontinuance Distinguished
A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff's right of action. Where a retraxit is entered by the plaintiff and a judgment is entered thereon by the defendant, the plaintiff's right of action shall be forever gone. A dismissal or discontinuance is negative, and the plaintiff may recommence his action on the payment of costs.
(Orig. Code 1863, §§ 3378, 3379; Code 1868, §§ 3397, 3398; Code 1873, §§ 3445, 3446; Code 1882, §§ 3445, 3446; Civil Code 1895, §§ 5042, 5043; Civil Code 1910, §§ 5624, 5625; Code 1933, §§ 3-507, 3-508; Ga. L. 1967, p. 226, § 38.)
Law reviews.- For article, "The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act," see 3 Ga. St. B.J. 383 (1967).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Retraxit
- Dismissal or Discontinuance
RESEARCH REFERENCES
Am. Jur. 2d.
- 24 Am. Jur. 2d, Dismissal, Discontinuance, and Nonsuit, §§ 4, 58, 90.
C.J.S.- 27 C.J.S., Dismissal and Nonsuit, §§ 2, 3, 6.
ALR.
- Reinstatement, after expiration of term, of case which has been voluntarily withdrawn, dismissed, or nonsuited, 111 A.L.R. 767.
Statute permitting new action after failure of original action commenced within period of limitation, as applicable in cases where original action failed for lack of jurisdiction, 6 A.L.R.3d 1043.
