dissenting.
I respectfully dissent to Division 1 of the majority opinion because the dismissal by plaintiff occurred at a time before verdict. Whether this is a good rule or a bad rule, it is what the legislature has provided in OCGA § 9-11-41 (a). The result reached in the majority opinion can only be attained by abolition of the rule, a matter for the General Assembly. I would reverse.
I am authorized to state that Chief Justice Hill and Justice Bell join in this dissent.