George Westley WENTZ Et Al. v. EMORY HEALTHCARE, INC. Et Al.

Bethel, Judge.

*302 In this medical malpractice action, George Westley Wentz appeals the dismissal with prejudice of his claims against Emory Healthcare, Inc. (Emory) and two nurses, as well as the dismissal of his renewal suit for the same cause of action. Wentz argues that because the trial court did not exercise its discretion to dismiss the suit with prejudice until after Wentz voluntarily dismissed the original action, the trial court erred in concluding that his renewal action was barred by res judicata . Because Wentz dismissed his original action without prejudice prior to the trial court…