Joyner v. Leaphart

Summary

The court held that Georgia's two-dismissal rule applies to the plaintiff's dismissal of the same action, but does not by itself make a later action res judicata merely because the actions involve the same cause of action. A defendant invoking the rule must also establish the ordinary res judicata requirements, including identity of parties or privies. The court reversed the appellate decision in part, vacated the remainder, and remanded for that analysis; there are no separate opinions.