Page v. Holiday Inns, Inc.

Undercofler, Presiding Justice.

This is a certiorari. Holiday Inns v. Page, 151 Ga. App. 55 (258 SE2d 909) (1979). The Court of Appeals held that the plaintiffs voluntary dismissal of his action "with prejudice” should not have been corrected as a clerical error under Code Ann. § 81A-160 (g) to show "without prejudice.” We reverse.

The plaintiffs attorney dictated and signed the order of dismissal, which was then filed, without reading it to insure that it stated "without prejudice.” He intended to voluntarily dismiss the action and refile against the same defendants plus an additional…