Cecil T. Allgood Inc. v. Stark Properties Inc.

Although the trial court orally directed a verdict against plaintiff in its original action, plaintiff could renew its suit because the trial court vacated that order and no judgment was entered prior to plaintiff's voluntary dismissal of the case.

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Cecil T. Allgood, Inc. Allgood sued Stark Properties, Inc. Stark for conversion of its corporate assets claiming that Stark wrongfully refused to return the assets after the parties mutually terminated a contract transferring the assets. Allgood voluntarily dismissed the suit under OCGA § 9-11-41 a, then refiled it after the expiration of the statute of limitations under the renewal provisions of OCGA § 9-2-61 a. The trial court dismissed the second suit finding that the trial court in the first suit directed a verdict in favor of Stark, and that this precluded Allgood’s voluntary dismissal and renewal of the suit. Allgood appeals from this ruling and from the trial court’s denial of its motion for partial summary judgment on the conversion claim.

1. In November of 1992, the trial court in the first suit orally directed a verdict in favor of Stark and dispersed the jury. The ruling was not reduced to writing, and no judgment was ever entered in the case. Over two years later on June 5, 1995, the trial court informed the parties by letter that it had reconsidered its grant of a directed verdict, that it now concluded entry of a directed verdict was not appropriate, and that it was granting the parties the right to a new trial.1 Allgood subsequently voluntarily dismissed the first suit on June 6, 1997, pursuant to § 9-11-41 a, and filed the second suit under the renewal provisions of § 9-2-61 a on November 25, 1997.

Cecil T. Allgood Inc. v. Stark Properties Inc.

Although the trial court orally directed a verdict against plaintiff in its original action, plaintiff could renew its suit because the trial court vacated that order and no judgment was entered prior to plaintiff's voluntary dismissal of the case.

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