PAUL v. BENNETT

33383.

241 Ga. 158 (1978)

244 S.E.2d 9

PAUL v. BENNETT.

Supreme Court of Georgia.

Decided April 4, 1978.


Attorney(s) appearing for the Case

Kopp, Peavy & Conner, John G. Kopp, for appellant.

Gibson, McGee & Blount, Clarence D. Blount, Leon A. Wilson, II, for appellee.


HILL, Justice.

This is a landline case although that is not the issue. The issue is whether the trial court erred in finding that plaintiff's second complaint was barred by the dismissal with prejudice for lack of prosecution of plaintiff's first complaint against the same defendant.

Plaintiff urges that the first case was in fact dismissed voluntarily by plaintiff under Code Ann. § 81A-141 (a). There is no written notice of dismissal as would be required...

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