Carter v. Digby

Ruffin, Judge.

Charlie Carter sued Leon Digby for injuries allegedly sustained in an automobile-pedestrian collision that occurred on December 3, 1993. On the day of trial, June 16, 1998, after the trial court denied his motion for a continuance, plaintiff’s counsel informed the court of his intent to dismiss the case. Counsel signed a voluntary dismissal that day and served it on defense counsel by mail. The dismissal was not filed with the court, however, until July 9, 1998. On January 11, 1999, Carter filed a renewal action pursuant to OCGA § 9-2-61. Digby moved to dismiss, contending that…