Walker v. Mecca

I concur fully with the majority opinion, which holds that the “two dismissal” rule set forth in OCGA § 9-11-41 (a) (3) must be applied when an action seeking recovery on the same claim is brought and dismissed twice, irrespective of the parties named as defendants. While this case is controlled by Belco Electric v. Bush, 204 Ga. App. 811, 815 (420 SE2d 602) (1992), I write separately to explain why the language and structure of OCGA § 9-11-41 compels the resultreached in Belco and by the majority in this case. Nevertheless, while the result in this case is dictated by the current statutory…