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Bonds v. Byrd8/23/2000
ussed, under either state's law the Byrd defendants made a prima facie showing that they are entitled to tort immunity. As such, under either state's law the Byrd defendants have a defense. By granting the Motion to Dismiss Without Prejudice, the trial court did not deny the Byrd defendants a just defense, it merely required them to argue it in a Georgia court. However, the trial court erred in its choice of law analysis and the conclusion that the Byrd defendants were not entitled to tort immunity. Based on the showing made, the trial court erred in treating the defendants differently. In sum, it was an abuse of the trial court's discretion to grant the plaintiffs' motion to dismiss without prejudice as to the Byrd defendants and deny them a summary judgment that was properly raised and supported. The judgment will be amended accordingly.
Conclusion
For the reasons expressed, we amend the judgment to deny the plaintiffs' motion for voluntary dismissal and to grant the summary judgment on behalf of the defendants, Michael Byrd and Permanent General Assurance Corp. The judgment is otherwise affirmed. Costs are assessed to the plaintiffs.
AMENDED AND AFFIRMED.
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