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KILGORE v. STEWART

No. A10A1089.

705 S.E.2d 209 (2010)

KILGORE v. STEWART.

Court of Appeals of Georgia.

Reconsideration Denied December 14, 2010.

Attorney(s) appearing for the Case

Groth & Makarenko, Jr., Laura D. Johnson , Nikolai Makarenko Jr. , for appellant.

Matthew J. Ashby , Atlanta, Mark W. Thomas , William D. Ellis Jr. , for appellee.

SMITH, Presiding Judge.

John Kilgore appeals from the trial court's order denying his motion to dismiss a renewal action filed by Grant Stewart. Kilgore asserts the trial court should have dismissed Stewart's renewal action because it was filed before Stewart validly dismissed his first action against Kilgore. We agree and therefore reverse.

The record shows that Stewart filed suit against Kilgore and Walter Stansberry for injuries he received in an automobile...

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