Board of Education of Hall County v. Shirley

Almand, Chief Justice.

The sole question raised in this appeal is: Where a trial judge sustains a motion of the defendant to dismiss or abate the complaint in case No. K-14,559, on the grounds of the pendency in case No. K-15,093, involving the same subject matter and parties, can the trial judge on the day following the entry of the order of dismissal and during the term in which the order was entered, amend such order to provide that the order of dismissal shall not operate as an adjudication of the merits of the second case ". . . and said dismissal of the second case is without prejudice…