SOGNIER, Judge.
Cheryl Van Diviere brought a personal injury action in Fulton County Superior Court against Delta Air Lines, Inc. The suit proceeded to trial but the jury was unable to return a verdict in favor of either party and a mistrial was declared. Van Diviere thereafter voluntarily dismissed her suit pursuant to OCGA § 9-11-41 (a) and refiled it in Fulton County State Court. The superior court denied
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