Foster v. Bowen

Marshall, Presiding Justice.

The appellant-plaintiff brought suit against the appellees-defendants in the Harris Superior Court in May of 1977. In this suit, the appellant alleged breach of an agreement entered into in 1971, under which the plaintiff was to have received a 55% ownership interest in a nursing home in Waverly Hall, Georgia. The appellant sought damages and various forms of equitable relief.

On July 10, 1981, the appellant voluntarily dismissed that suit. The appellant refiled the suit in the Meriwether Superior Court on August 12, 1981, without first paying costs in the Harris…