Lakes v. Marriott Corp.
Decision Date | 09 September 1993 |
Docket Number | A93A1386,Nos. A93A1385,s. A93A1385 |
Citation | 210 Ga.App. 335,436 S.E.2d 36 |
Parties | LAKES et al. v. MARRIOTT CORPORATION et al. (Two cases). |
Court | Georgia Court of Appeals |
Simmons & Toliver, Joseph H. King, Jr., Atlanta, for appellants.
Gorby & Reeves, Michael J. Gorby, Martha D. Turner, Amanda H. Burri, Atlanta, for appellees.
Plaintiffs Delores Toni Lakes and Willie K. Lakes brought a slip and fall and loss of consortium case in the Superior Court of Fulton County against Marriott Corporation and two John Does. Pursuant to local rule, the case was sent to arbitration. Following the issuance of an arbitration award in favor of defendants, plaintiffs filed a demand for jury trial with the clerk of court. No such demand was filed with the court administrator as required by the local rule. Thereafter, defendant Marriott moved for the entry of a consent judgment in its favor in accordance with the local rule. Before a judgment was entered, plaintiffs filed a notice of voluntary dismissal without prejudice. Then, plaintiffs filed a renewal action, making virtually the same allegations they made in the original suit. Defendants moved for judgment in each action. Following a hearing, the trial court determined that plaintiffs' attempted dismissal of the original action was ineffective. Accordingly, the trial court entered judgment for defendants in each case. Plaintiffs appeal. Held:
1. Under the local rule, i.e., sections 16 and 17 of Rule 1000, any party may " 'file a demand for trial within thirty (30) days of the filing of the arbitration award with the Court Administrator or his designee who shall make a notation and entry of the date of filing the award and of the trial demand; ... filing such demand for trial will entitle all parties to a de novo trial....
" 'Failure or refusal to file within thirty (30) days a demand for trial by all parties shall constitute a waiver of trial by jury or non-jury and be deemed a consent to the arbitration award; after the expiration of such thirty (30) days without filing of a demand, any party may move for the entry of a consent judgment and dismissal of prejudice based upon the arbitration award....' "
Turner v. MARTA, 197 Ga.App. 447, 398 S.E.2d 794.
2. Kilby v. Keener, 249 Ga. 667, 668, 293 S.E.2d 318. As it is said: " ' ' Johnson v. Wade, 184 Ga.App....
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Lakes v. Marriott Corp.
...trial properly: "Thus, the handwriting was on the wall and [appellants] knew the actual result of their case." Lakes v. Marriott Corp., 210 Ga.App. 335, 436 S.E.2d 36 (1993). This court granted appellants' application for certiorari, posing the question whether appellants were entitled to r......
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Carey v. HOUSTON ORAL SURGEONS, LLC, A03A2405.
...defendant because the right given to the plaintiff cannot be used to deprive the defendant of victory gained.' Lakes v. Marriott Corp., 210 Ga.App. 335, 336, 436 S.E.2d 36 (1993), quoting Cooper v. Rosser, 233 Ga. 388(1), 211 S.E.2d 303 (1974)." The trial court granted the motion to strike ......
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Lakes v. Marriott Corp., s. A93A1385
...D. Turner, Amanda H. Burri, Atlanta, for appellees. McMURRAY, Presiding Judge. Our prior judgments in these cases, Lakes v. Marriott Corp., 210 Ga.App. 335, 436 S.E.2d 36, having been reversed by the Supreme Court of Georgia in Lakes v. Marriott Corp., 264 Ga. 475, 448 S.E.2d 203, the prior......