Shonson v. Bottomy

Quillian, Judge.

It is contended in the enumeration of errors that the trial judge erred in refusing to allow appellant’s counsel to voluntarily dismiss the suit prior to the jury returning a verdict. Appellant’s counsel argues that when his associate counsel attempted to file the voluntary dismissal she was prevented from doing so by the trial judge. The record shows that the associate counsel had made an oral motion to dismiss the suit. Immediately prior to the jury returning its verdict the record states: "The Court: All right. Mrs. Berger, I have noted your oral motion. Ask the jury to…