An action wherein a receiver has been appointed shall not be dismissed except by order of the court.
§ 9-11-66.Receivers
Chapter 11. Civil Practice Act · Article 8. Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-66 protects a pending receivership by barring dismissal of the action once a receiver has been appointed, unless the court itself orders the dismissal.
Full Text of § 9-11-66
Plain-English Summary
Once a court appoints a receiver to take charge of property or a business caught up in litigation, the case stops being something the parties can end on their own. This section says an action in which a receiver has been appointed may not be dismissed except by order of the court — a short rule that keeps the receivership from being abandoned mid-course.
The reason is practical. A receiver often answers to more than the two parties who filed and defended the case: creditors, lienholders, and others may have a stake in how the receivership property gets managed or distributed. Letting a plaintiff walk away, or letting both sides stipulate to dismissal, without a judge weighing in could leave that administration unresolved and those third-party interests unprotected. This section doesn’t say when a receiver may be appointed in the first place — that grounds-and-procedure question is answered separately in Chapter 8 of Title 9 — it only locks the courthouse door on dismissal once a receiver is already on the job.
The rule has stood unchanged since the Civil Practice Act’s original 1966 enactment, a sign of how settled this piece of receivership practice is in Georgia procedure.
Frequently Asked Questions
Can a plaintiff voluntarily dismiss a case after the court appoints a receiver?
No. Once a receiver has been appointed, the action cannot be dismissed except by order of the court.
Why does Georgia require court approval to dismiss a case with an active receivership?
Because a receiver is administering property or a business that may affect creditors, lienholders, and other interested parties, not just the litigants, and a judge needs to address that administration before the case can end.
Does this section say when a court may appoint a receiver in the first place?
No. The grounds and procedure for appointing a receiver are set out separately in Chapter 8 of Title 9; this section addresses only dismissal once a receiver is already in place.
Does the rule apply even if both parties agree to dismiss the case?
Yes. The section does not distinguish between a unilateral dismissal and one both sides agree to — either way, a court order is required while a receiver remains appointed.
What if the parties settle their dispute while a receiver is still administering property?
They still need the court to order the dismissal, which lets the judge address the receivership — such as discharging the receiver or resolving claims against the receivership estate — before the case closes.
Amendment History
Ga. L. 1966, p. 609, § 66.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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