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Smith v. Georgia Asset Properties

Plaintiff's second complaint purporting to initiate an action against defendants was a nullity because it had the same file number as his original complaint which he voluntarily dismissed and there was no evidence that plaintiff paid a second filing fee.

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Leonard E. Smith, pro se, appeals the trial court’s final order declaring that his case against Georgia Asset Properties, L.L.C. “GAP” is closed and that his second complaint purporting to initiate an action against GAP and National Tax Funding, L.P., is a nullity. We affirm.

Smith and two other plaintiffs filed a complaint against GAP and Associate Financial Services of America, Inc., on July 29, 1998. After GAP filed an answer, Smith voluntarily dismissed the action on or about December 17, 1998. On February 15, 1999, Smith filed a pleading entitled “Second Complaint for Declaratory Judgment and Complaint for Illegal Interference with Plaintiffs’ Possessory sic and Other Valuable Real Property Rights” against GAP and National Tax Funding, L.P. The new complaint had the same file number as the original action, and there is no evidence in the record that Smith paid a second filing fee.

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