BRASWELL, Judge.
We are called upon to determine the effect of a defendant's unusual and novel procedure of taking a "voluntary dismissal without prejudice" to the plaintiff's action in a highway condemnation case when the pleadings of the defendant did not raise any counterclaim, cross-claim or third-party claim. To say "he can't do that!" states a truism of civil procedure. To reach an understanding of the consequences necessitates further examination into the proceedings...
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