Legal Opinion

Matthews v. Riviera Equipment, Inc.

Court of Appeals of Georgia

Decided January 7, 1980No. 58995PublishedCited by 10 opinions

1Opinion of the Court

Banke, Judge.

Plaintiff Riveria Equipment, Inc., filed suit seeking damages for the tortious conversion of two concrete pump trucks. Defendant Oméga Equipment Corporation counterclaimed for indebtedness due and owing on a promissory note executed by plaintiff as payment for the same equipment. At issue in this interlocutory appeal is the trial court’s reinstatement of plaintiffs complaint after plaintiff had voluntarily dismissed his action in accordance with CPA § 41 (a) (Code Ann. § 81A-141 (a)). Held:

1. "Subject to the provision of Section 81A-123 (c), of Section 81A-166, and of any…

2Cases cited3 opinions

  1. Brooks Shoe Manufacturing, Inc. v. ByrdCourt of Appeals of Georgia · 1977
  2. Warner v. GravesSupreme Court of Georgia · 1858
  3. Kinney v. MillerCourt of Appeals of Georgia · 1966

3Cited by10 opinions

  1. Southwest Health and Wellness, LLC v. WorkCourt of Appeals of Georgia · 2006
  2. Smith v. Memorial Medical Center, Inc.Court of Appeals of Georgia · 1993
  3. Young v. RiderCourt of Appeals of Georgia · 1993
  4. Corrosion Control, Inc. v. William Armstrong Smith Co.Court of Appeals of Georgia · 1981
  5. Howe & Associates, P.C. v. DanielsCourt of Appeals of Georgia · 2005

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