Miller v. Miller

Marshall, Justice.

Under Carter v. Carter, 241 Ga. 335 (245 SE2d 292) (1978), the plaintiff in a divorce action may voluntarily dismiss under Code Ann. *115§ 81 A-141 (a), even after a temporary child custody award has been made to a third person, if the dismissal is effected before the filing of either the temporary order or a counterclaim by the defendant. This is essentially what happened here — temporary child custody being awarded to the appellant-plaintiff-wife and the appellee-defendant-husband on an alternating monthly basis. Accordingly, we hold that the trial judge erred in ordering the…