Mullins v. Oden & Sims Used Cars, Inc.

Birdsong, Judge.

The appellant Mullins brought suit against Oden & Sims Used Cars, Inc. ("Oden & Sims”) seeking damages arising out of the sale of a used automobile. Oden & Sims counterclaimed seeking the recovery of the balance of the purchase price on the automobile. After a bench trial, the trial court adjudicated all claims against the parties asserting them, and Mullins appeals. Held:

1. Mullins enumerates as error the refusal of the trial court to allow the voluntary dismissal, at the end of the trial, of Counts 1 and 2 of his complaint. However, Code Ann. § 81A-141(a) provides: "If a…