Holland v. England
Holland v. England
Opinion of the Court
The appellant Holland brought suit against England in England’s individual capacity and as Sheriff of Hall County seeking $15,000 in compensatory and exemplary damages. Holland operates a wrecker service in Hall County. England, in his capacity as sheriff, maintains a roster of such businesses and calls those available in normal rotation to tow wrecked or abandoned cars found on the county’s highways. Holland was on such list. In 1975 Holland was called to tow a county vehicle. In the sheriffs opinion, Holland charged too high a fee.
1. The case of Jones v. Burton, 238 Ga. 394 (233 SE2d 367) (1977) is dispositive of the first contention. Once a judgment in a civil case has been announced, though not formally entered, the attempted filing of a voluntary dismissal thereafter is not permissible and does not effect a dismissal.
2. As to the second facet of appellant’s enumeration, we note that he based his answer to England’s motion solely upon the ground that the injunctive suit had been dismissed voluntarily. Holland argues that the appellee was not entitled to rely upon the doctrine of res judicata, for the sole reason that there had been no final adjudication of any issue between the parties. At no time did Holland question the doctrine of res judicata, apparently assuming that the voluntary dismissal obviated the need for any further argument.
Appellate courts exist for the correction of trial error, where proper objection is taken. Velkey v. Grimes, 214 Ga. 420, 421 (105 SE2d 224) (1958). Where enumerated errors
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.