Memorial Medical Center, Inc. v. Moore

Banke, Presiding Judge.

The appellees sued the appellants to recover for the alleged wrongful death of their child resulting from medical malpractice. The appellants counterclaimed, pursuant to Yost v. Torok, 256 Ga. 92 (344 SE2d 414) (1986), to recover damages for abusive litigation. Without notice to the appellants, the appellees subsequently filed a notice of voluntary dismissal and, on the same day, obtained an ex parte order from the trial court dismissing their complaint without prejudice. The appellants responded with a “motion to strike and objection to [appellees’] voluntary…