Renewal Statute — Judicial Dismissal for Venue Defect Rendered Action Incapable of Renewal

Henderson v. Gardner, No. A26A0001, 2026 WL 1856350, __ S.E.2d __ (Ga. Ct. App. June 26, 2026). The court (Barnes, P.J.; Markle and Hodges, JJ., concur) affirms the dismissal of the plaintiff's renewed personal injury complaint. The plaintiff's first action was judicially dismissed for improper venue. Ms.** 1–2. The court held that under OCGA § 9-2-61(a), a suit becomes void and incapable of renewal once a court has determined that dismissal was authorized. Because the plaintiff did not voluntarily dismiss before the trial court ruled on the venue defect, the renewal statute did not save the action and the second complaint was barred by the statute of limitations. Ms.** 2–5

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