Reese v. Frazier

Shulman, Presiding Judge.

Appellant’s deceased husband first brought this action as a shareholder’s derivative suit. His complaint was filed in the Superior Court of Gwinnett County on October 1,1974. Mr. Reese attempted to voluntarily dismiss that suit by a notice of dismissal filed on February 26,1975. No approval of the trial court was sought prior to the attempted dismissal. See Code Ann. § 22-615 (c). Another suit against the same defendants and involving the same claims was filed by Mr. Reese in federal court on February 27, 1975. Appellant was substituted as plaintiff in June, 1975,…