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Cracker Barrel Old Country Store, Inc.v.Gail Robinson

CourtCourt of Appeals of Georgia
Docket No.A17A0325
DecidedApril 21, 2017
Reporter334 Ga. App. 860
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawCivil ProcedureStatutory InterpretationReversalRemand
Case Summary

Gail Robinson sued Cracker Barrel after alleging that she suffered food poisoning following a meal. She voluntarily dismissed her first complaint, refiled the action, dismissed it again after the personal-injury limitations period expired, and then filed a renewal action. The trial court denied Cracker Barrel’s motion to dismiss the renewal complaint, reasoning that the prior dismissals did not bar the action. The Georgia Court of Appeals held that the record did not support the trial court’s finding about the first dismissal and that Robinson’s second voluntary dismissal operated as an adjudication on the merits under the governing statute. That result barred the third filing as a renewal action. The court reversed the denial of Cracker Barrel’s motion to dismiss and remanded for consideration of the company’s request for attorney fees and litigation expenses.

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Cracker Barrel Old Country Store, Inc. V. Gail Robinson — The Atlanta Gleaner