Jeff Davis Hospital Authority v. Altman

Beasley, Judge.

Pursuant to OCGA § 9-2-61 (a), Altman brought the instant renewal action against Jeff Davis Hospital Authority. Relying on OCGA § 9-11-1 (d), defendant filed a motion to dismiss because plaintiff had not paid all court costs of the dismissed action before refiling. The trial court denied defendant’s motion but certified its order for immediate review. Appeal was permitted under OCGA § 5-6-34 (b).

OCGA § 9-11-41 (d), which governs dismissal of actions and recommencement within six months, requires court costs to be paid in the first suit before an action is recommenced. This is…