ETI Corp. v. Hammett

Deen, Chief Judge.

In ETI Corp. v. Hammett, 140 Ga. App. 618 (231 SE2d 545) (1976), this court held that the trial court erred in granting Hammett’s motion for summary judgment because he had not complied with defendant’s requests for admissions and remanded the case to the trial court to reconsider ETI’s motion for summary judgment. After the case was remanded, but before the trial court entered its ruling on ETI’s motion, Hammett had the case dismissed without prejudice. ETI made no objection. About one and one-half years later, Hammett again brought suit against ETI alleging that the…