Vanderbreggen v. Hodge

I respectfully dissent from Division 2 of the majority opinion, which reverses the trial court’s decision granting the voluntary dismissal of plaintiff’s complaint.

The record clearly shows that appellee tendered his written motion to the court before the jury returned its verdict and before the parties knew what the verdict would be. At that point, appellee was entitled to have his motion filed and the case dismissed; had he handed the motion directly to the clerk of court, there is no doubt that the case would have been over.

*870“A voluntary dismissal under Code Ann. § 81A-141 (a) [OCGA §…