Muhanna v. O'KELLEY

Banke, Presiding Judge.

The defendant physician in this medical malpractice action moved for summary judgment. After oral argument on the motion but before the trial court had made any indication as to how it intended to rule, the plaintiffs determined that their response was insufficient and filed a voluntary dismissal of their complaint. The defendant appeals from the denial of his subsequent motion to strike the dismissal, contending that the plaintiffs had already “rested” their case within the contemplation of OCGA § 9-11-41 (a) when the dismissal was filed. Held:

Section 41 (a) of the…