Title 9, Chapter 11, Section 41
(a) Voluntary dismissal; effect. Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court, by filing a written notice of dismissal at any time before the plaintiff rests his case. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this subsection is without prejudice, except that the filing of a third notice of dismissal operates as an adjudication upon the merits.
(b) Involuntary dismissal; effect thereof. For failure of the
plaintiff to prosecute or to comply with this chapter or any order
of court, a defendant may move for dismissal of an action or of any
claim against him. After the plaintiff, in an action tried by the
court without a jury, has completed the presentation of his
evidence, the defendant, without waiving his right to offer evidence
in the event the motion is not granted, may move for dismissal on
the ground that upon the facts and the law the plaintiff has shown
no right to relief. The court as trier of the facts may then
determine the facts and render judgment against the plaintiff or may
decline to render any judgment until the close of all the evidence.
The effect of dismissals shall be as follows: (1) A dismissal for
failure of the plaintiff to prosecute does not operate as an
adjudication upon the merits; and (2) Any other dismissal under this
subsection and any dismissal not provided for in this Code section,
other than a dismissal for lack of jurisdiction or for improper
venue or for lack of an indispensable party, does operate as an
adjudication upon the merits unless the court in its order for
dismissal specifies otherwise.
(c) Dismissal of counterclaim, cross-claim, or third-party claim.
This Code section also applies to the dismissal of any counterclaim,
cross-claim, or third-party claim.
(d) Cost of previously dismissed action. If a plaintiff who has
dismissed an action in any court commences an action based upon or
including the same claim against the same defendant, the plaintiff
shall first pay the court costs of the action previously dismissed.
(e) Dismissal for want of prosecution; recommencement. Any action in
which no written order is taken for a period of five years shall
automatically stand dismissed, with costs to be taxed against the
party plaintiff. For the purposes of this Code section, an order of
continuance will be deemed an order. When an action is dismissed
under this subsection, if the plaintiff recommences the action
within six months following the dismissal then the renewed action
shall stand upon the same footing, as to limitation, with the