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Zaun v. Nobles

198 S.E.2d 326, 128 Ga. App. 846, 1973 Ga. App. LEXIS 1641
Court of Appeals of Georgia·Decided April 3, 1973·No. 47733·Published·Cited by 7 cases

Opinions

Bell, Chief Judge.

In this case a prior action between the same parties for the same claim was dismissed by the trial court for the plaintiffs failure to prosecute and to make discovery. In the instant case the defendant defended on the grounds that the dismissal of the prior suit was res judicata. Where, as here, it appears that a prior dismissal of the case was involuntary under CPA Section 41 Ob) (Code Ann. § 81A-141 (b)) and the trial court did not specify that the dismissal would not operate as an adjudication on the merits, the dismissed suit acts as res judicata on the subsequent suit. Old South Invest. Co. v. Aetna Ins. Co., 124 Ga. App. 697 (185 SE2d 584).

Judgment affirmed.

Quillian, J., concurs. Deen, J., concurs specially.

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Zaun v. Nobles, 198 S.E.2d 326, 128 Ga. App. 846, 1973 Ga. App. LEXIS 1641 (Ga. Ct. App. 1973).

198 S.E.2d 326 (Zaun v. Nobles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Zaun v. Nobles
198 S.E.2d 326 (Court of Appeals of Georgia, 1973)