Cecil T. Allgood, Inc. v. Stark Properties, Inc.

Andrews, Presiding Judge.

Cecil T. Allgood, Inc. (Allgood) sued Stark Properties, Inc. (Stark) for conversion of its corporate assets claiming that Stark wrongfully refused to return the assets after the parties mutually terminated a contract transferring the assets. Allgood voluntarily dismissed the suit under OCGA § 9-11-41 (a), then refiled it after the expiration of the statute of limitation under the renewal provisions of OCGA § 9-2-61 (a). The trial court dismissed the second suit finding that the trial court in the first suit directed a verdict in favor of Stark and that this precluded…