Brittany Apartments v. Chapman

Court of Appeals of Georgia

Brittany Apartments v. Chapman

233 S.E.2d 27, 141 Ga. App. 168, 1977 Ga. App. LEXIS 1813

CourtCourt of Appeals of Georgia

DecidedFebruary 1, 1977

Docket53233

StatusPublished

Cited by6 cases

This text of 233 S.E.2d 27 (Brittany Apartments v. Chapman) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brittany Apartments v. Chapman, 233 S.E.2d 27, 141 Ga. App. 168, 1977 Ga. App. LEXIS 1813 (Ga. Ct. App. 1977).

Pincite

Opinion

Smith, Judge.

Section 13 (a) of the Civil Practice Act (Code Ann. § 81A-113 (a)) reads: "A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject-matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.” Under this section, if the counterclaim arises out of the transaction or occurrence that is the subject matter of a suit against a party, the party may not decline to litigate in the original action and bring a separate suit. Harbin Lumber Co. v. Fowler, 137 Ga. App. 90 (222 SE2d 878); Myers v. United Services Auto. Assn., 130 Ga. App. 357 (203 SE2d 304).

Where, as in the present case, a tenant upon demand vacates the rented premises and later is sued for rentals allegedly due under the lease and the tenant files no defense or counterclaim, and a judgment is taken against the tenant, the tenant having failed in that action to file a counterclaim for an alleged deposit and prepaid rent cannot in a separate action recover therefor. The trial judge therefore, in the present action by the tenant seeking such recovery, erred in refusing to enter a judgment, in favor of the landlord.

Judgment reversed.

Bell, C. J., and McMurray, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

Section 13 (a) of the Civil Practice Act (Code Ann. § 81A-113 (a)) reads: "A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject-matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.” Under this section, if the counterclaim arises out of the transaction or occurrence that is the subject matter of a suit against a party, the party may not decline to litigate in the original action and bring a separate suit. Harbin Lumber Co. v. Fowler, 137 Ga. App. 90 (222 SE2d 878); Myers v. United Services Auto. Assn., 130 Ga. App. 357 (203 SE2d 304).

Where, as in the present case, a tenant upon demand vacates the rented premises and later is sued for rentals allegedly due under the lease and the tenant files no defense or counterclaim, and a judgment is taken against the tenant, the tenant having failed in that action to file a counterclaim for an alleged deposit and prepaid rent cannot in a separate action recover therefor. The trial judge therefore, in the present action by the tenant seeking such recovery, erred in refusing to enter a judgment, in favor of the landlord.

Judgment reversed.

Bell, C. J., and McMurray, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

233 S.E.2d 27, 141 Ga. App. 168, 1977 Ga. App. LEXIS 1813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brittany-apartments-v-chapman-gactapp-1977.

Opinion

Related

Cite This Page — Counsel Stack