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MOORE v. MEMORIAL MEDICAL CENTER, INC.

45806.

258 Ga. 696 (1988)

373 S.E.2d 204

MOORE et al. v. MEMORIAL MEDICAL CENTER, INC. et al.

Supreme Court of Georgia.

Reconsiderations Denied November 22, 1988.

Attorney(s) appearing for the Case

Bennett, Williams & Henry, Benjamin S. Williams, for appellants.

Oliver, Maner & Gray, L. Gregory Hodges, Thomas A. Withers, Wendy Woods Williamson, Lee C. Mundell, Anne C. Marscher, for appellees.

Don C. Keenan, amicus curiae.

GREGORY, Justice.

The writ of certiorari was granted to consider an issue raised by the opinion in Memorial Medical Center, Inc. v. Moore 186 Ga.App. 876 (368 S.E.2d 784) (1988). The issue is whether a plaintiff has the right to voluntarily dismiss an action without prejudice after the defendant has filed a counterclaim for abusive litigation as defined in Yost v. Torok,

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