Holiday v. Shoney's South, Inc.

OPINION

in which CRAWFORD, P.J., W.S., and LILLARD, J., joined.

This appeal arises from the trial court’s denial of a motion filed by Plaintiff Beatrice Holiday to set aside a voluntary non-suit that Ms. Holiday had taken in a previous lawsuit against Defendant Shoney’s South, Inc. (“Shoney’s”). In support of the motion to set aside the non-suit, counsel for Ms. Holiday argued that the non-suit was taken in reliance on the trial court’s assurance that he did not need to be concerned with a voluntary non-suit previously taken in the cause and that the previous non-suit would not “count against…