Lowance v. Dempsey

*595Townsend, Judge.

The defendant in error has filed a motion to dismiss the bill of exceptions on the ground that the same is moot in that, after the trial judge vacated his order of dismissal, the plaintiff voluntarily dismissed the case and paid the costs. The legal effect of the two acts is vastly different. The first amounted to a final settlement of the entire cause of action (see Gregory v. Schnurstein, 212 Ga. 497, 93 S. E. 2d 680), whereas the voluntary dismissal by plaintiff or the attorneys who filed the action has no- such effect. The Civil Court of Fulton County does not have…