English v. Atlanta Transit System, Inc.

Stolz, Judge.

In a prior tort action against the appellee, the appellant, prior to verdict, submitted a written paper to the judge stating that she "moves for a voluntary dismissal.” (Emphasis supplied.) The judge had the court reporter mark it as an exhibit, and when the plaintiff handed it back to the judge, the latter looked at it and stated, "I can tell you that that is not sufficient under the law.” The judge refused to discharge the jury, which deliberated for several more hours without objection by the plaintiffs counsel before returning a verdict for the defendant. Within 6 months…