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Zaun v. Nobles

198 S.E.2d 326, 128 Ga. App. 846, 1973 Ga. App. LEXIS 1641
CourtCourt of Appeals of Georgia
DecidedApril 3, 1973
Docket47733
StatusPublished
Cited by7 cases

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

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 (Court of Appeals of Georgia, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
198 S.E.2d 326, 128 Ga. App. 846, 1973 Ga. App. LEXIS 1641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zaun-v-nobles-gactapp-1973.