Hobgood v. Neely

Pannell, Presiding Judge.

Where a trial judge orally announces the sustaining of a defendant’s motion for summary judgment, and prior to the reduction of said ruling to writing and its filing with the clerk of the court below, the complainant appellant, on the same day the oral ruling is made files with the clerk of the court below his voluntary dismissal of his complaint under Section 41 (a) of the Civil Practice Act (Ga. L. 1966, pp. 609, 653; Code Ann. § 81A-141 (a)) the voluntary dismissal is effective and controlling, and the subsequent reduction of the ruling to writing and the filing…