Hilliard v. Edwards

Banke, Judge.

The appellant filed a personal injury action against the appellee in DeKalb County on May 5, 1982. On August 2, 1982, while the DeKalb action was still pending, the appellant filed the present action against the appellee in Gwinnett County to recover on the same claim. The appellee acknowledged service of the Gwinnett action on December 10,1982, and, in an answer filed on December 12, 1982, raised as an affirmative defense the pendency of the DeKalb action. On December 12, 1982, the appellant voluntarily dismissed the DeKalb action without prejudice but did so without paying all…