Legal Opinion
Moore v. Memorial Medical Center, Inc.
Supreme Court of Georgia
Decided October 26, 1988No. 45806PublishedCited by 13 opinions
1Opinion of the Court
Gregory, Justice.
The writ of certiorari was granted to consider an issue raised by the opinion in Memorial Medical Center, Inc. v. Moore 186 Ga. App. 876 (368 SE2d 784) (1988). The issue is whether a plaintiff has the right to voluntarily dismiss an action without prejudice after the defendant has filed a counterclaim for abusive litigation as defined in Yost v. Torok, 256 Ga. 92 (344 SE2d 414) (1986).
The right of a plaintiff to voluntarily dismiss an action is governed by OCGA § 9-11-41 (a). The plaintiff may exercise this right without court permission from the commencement of the action…
2Cases cited2 opinions
- Yost v. TorokSupreme Court of Georgia · 1986
- Harvey v. MooreCourt of Appeals of Georgia · 1988
3Cited by13 opinions
- Smith v. Memorial Medical Center, Inc.Court of Appeals of Georgia · 1993
- Dierkes v. Crawford Orthodontic Care, P.C.Court of Appeals of Georgia · 2007
- American Express Co. v. BakerCourt of Appeals of Georgia · 1989
- Griggs v. Columbus Bank & Trust Co.Court of Appeals of Georgia · 1988
- Avnet, Inc. v. WYLE LABORATORIES, INC.Supreme Court of Georgia · 1995
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