WACHOVIA BANK SAVANNAH, N.A. v. KITCHEN

No. A04A1952.

612 S.E.2d 885 (2005)

272 Ga. App. 601

WACHOVIA BANK SAVANNAH, N.A. et al. v. KITCHEN et al.

Court of Appeals of Georgia.

March 30, 2005.


Attorney(s) appearing for the Case

Kirby G. Mason, Hunter, Maclean, Exley & Dunn, P.C., Savannah, for appellants.

Christopher D. Britt, Brent J. Savage, Savage, Turner, Pinson & Karsman, Savannah, for appellees.


BLACKBURN, Presiding Judge.

Following the trial court's denial of its motion to strike the voluntary dismissal of a case brought against it by Harry Kitchen, Jr. and Charlotte S. Kitchen (the Kitchens), Wachovia Bank Savannah, N.A. appeals, contending that the Kitchens were precluded from attempting to dismiss without prejudice under OCGA § 9-11-41(a) because the trial court had orally announced that it intended to grant an earlier motion to dismiss for failure...

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