Moore v. McNair

Smith, Judge.

Appellant filed this suit to recover on an oral contract for services, and appellees counterclaimed for the cancellation of certain liens. Appellees moved for summary judgment, and appellant then filed a written notice of dismissal pursuant to Civil Practice Act § 41 (a) (Code Ann. § 81A-141 (a)). Appellees made no objection to appellant’s voluntary dismissal. Subsequent to the dismissal, the trial court granted appellees’ motion for summary judgment. Appellant enumerates as error that grant. We reverse.

CPA § 41 (a) stipulates, in part, as follows: "Subject to the provisions of…