Legal Question in Civil Litigation in Georgia

Damaged Engine

I sued a local company for damage to my engine when one of the employees forgot to replace the oil after draining it. The company and I were both sent date of when to appear in court. However, during the process of moving to a different location, I lost the date; therefore, missing my court hearing. The case was dismissed. I would like to know if I can file another claim although it has been dismissed in small claims court?


Asked on 6/19/02, 10:47 am

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Damaged Engine

Generally a dismissal for want of prosecuition (when the plaintiff does not show up) is a dismissal without prejudice which would allow you to refile. You need to chek the order of dismissal to determine this. You also might want to file a motion to re-open the case and have a trial. Explaint the circumstances to the court and the court may give yuou another shot at a hearing.

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Answered on 6/19/02, 4:53 pm


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