Rothstein v. Consuegra

Court of Appeals of Georgia

Rothstein v. Consuegra

266 S.E.2d 309, 153 Ga. App. 620, 1980 Ga. App. LEXIS 1925

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1980

Docket58907

StatusPublished

Cited by4 cases

This text of 266 S.E.2d 309 (Rothstein v. Consuegra) 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.

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Rothstein v. Consuegra, 266 S.E.2d 309, 153 Ga. App. 620, 1980 Ga. App. LEXIS 1925 (Ga. Ct. App. 1980).

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Opinion

Sognier, Judge.

Rothstein, appellant, brought suit pro se against the appellee Consuegra, in the State Court of DeKalb County, alleging a conversion of appellant’s automobile by appellee. Appellee filed a counterclaim seeking recovery of repair costs and exemplary damages. Appellee’s answer pleaded the pendency of a similar suit in the State Court of Fulton County involving the same plaintiff and defendant and the same cause of action. Prior to trial the court received into evidence a certified copy of the complaint in the State Court of Fulton County and allowed appellant an opportunity to rebut this evidence. Appellant failed to do so and the judge dismissed the entire case. Pendency of another suit between the same parties for the same cause of action will result in the abatement of the second suit. Code §§ 3-601, 3-607; Jones v. Rich’s, 81 Ga. App. 841 (60 SE2d 402) (1950); Sparks v. Sparks, 125 Ga. App. 198 (186 SE2d 780) (1971).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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Sognier, Judge.

Rothstein, appellant, brought suit pro se against the appellee Consuegra, in the State Court of DeKalb County, alleging a conversion of appellant’s automobile by appellee. Appellee filed a counterclaim seeking recovery of repair costs and exemplary damages. Appellee’s answer pleaded the pendency of a similar suit in the State Court of Fulton County involving the same plaintiff and defendant and the same cause of action. Prior to trial the court received into evidence a certified copy of the complaint in the State Court of Fulton County and allowed appellant an opportunity to rebut this evidence. Appellant failed to do so and the judge dismissed the entire case. Pendency of another suit between the same parties for the same cause of action will result in the abatement of the second suit. Code §§ 3-601, 3-607; Jones v. Rich’s, 81 Ga. App. 841 (60 SE2d 402) (1950); Sparks v. Sparks, 125 Ga. App. 198 (186 SE2d 780) (1971).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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Bluebook (online)

266 S.E.2d 309, 153 Ga. App. 620, 1980 Ga. App. LEXIS 1925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothstein-v-consuegra-gactapp-1980.

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