Legal Opinion · Concurrence

Holiday Inns, Inc. v. Page

Court of Appeals of Georgia

Decided July 16, 1979No. 57591Published

1ConcurrenceMcMurray, Presiding Judge

I agree fully with the majority opinion and all that is said therein and the reversal of the trial court. However, I desire to add the following due to the recent decision of Albert v. Bryan, 150 Ga. App. 649.

In the case sub judice the plaintiff voluntarily dismissed his petition with prejudice on September 12, *581978. More than thirty days later, plaintiff moved the court to correct an alleged clerical error in his voluntary dismissal, i.e., to change it from dismissal with prejudice to dismissal without prejudice. The motion was allowed, amending the dismissal nunc pro tunc. Be that as it…

2Cases cited2 opinions

  1. Waldor v. WaldorSupreme Court of Georgia · 1962
  2. Albert v. BryanCourt of Appeals of Georgia · 1979

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