LEARY v. JULIAN

No. A96A2482.

484 S.E.2d 75 (1997)

225 Ga. App. 472

LEARY v. JULIAN.

Court of Appeals of Georgia.

March 13, 1997.


Attorney(s) appearing for the Case

Lloyd E. Hall, Jonesboro, for appellant.

Steinberg & Vrono, Charles J. Vrono, Forest Park, for appellee.


SMITH, Judge.

This appeal requires us to harmonize two lines of precedent to determine whether the open court announcement of a settlement agreed to by the parties prevents a plaintiff from exercising the right to voluntarily dismiss a claim under OCGA § 9-11-41(a). For the reasons stated below, we find that it does, and we therefore affirm the trial court.

The facts of this case are not in dispute. In February 1993, appellant Dennis Leary filed a complaint...

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