Hardee v. Allied Steel Bldgs., Inc., No. 73742
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | BIRDSONG; DEEN, P.J., and POPE |
| Citation | 182 Ga.App. 587,356 S.E.2d 682 |
| Docket Number | No. 73742 |
| Decision Date | 09 April 1987 |
| Parties | HARDEE v. ALLIED STEEL BUILDINGS, INC. et al. |
Page 682
v.
ALLIED STEEL BUILDINGS, INC. et al.
[182 Ga.App. 589] G. Robert Oliver, Jonesboro, for appellant.
Page 683
Walter C. Alford, William H. Smith, Jr., Tucker, for appellees.
[182 Ga.App. 587] BIRDSONG, Chief Judge.
Preston, subcontractor, sued Allied Steel Building, Inc. ("Allied"), contractor, in DeKalb County for moneys owed on three different building contracts, one of which involved a building in Ellenwood for Joann Hardee. Two days later, Allied sued Joann Hardee in Clayton County for payment on the Ellenwood contract. Allied answered Preston's DeKalb County suit, saying he had not received payment for the Ellenwood building from Joann Hardee, and that in any case Preston had erected the Ellenwood building incorrectly or at variance with the plans and specifications. Allied then vouched Joann Hardee into Preston's DeKalb County suit, pursuant to OCGA § 9-10-13, but did not dismiss its Clayton County suit against her. Joann Hardee moved for dismissal of the DeKalb County vouchment on grounds that the Clayton County suit was pending prior to the vouchment. The trial court denied the motion to dismiss the vouchment and we granted this interlocutory appeal. Held:
1. The appellant, Joann Hardee, contends the vouchment procedure authorized by OCGA § 9-10-13 has been superseded by the third-party practice rule of the Civil Practice Act, OCGA § 9-11-14. It has not. The vouching statute provides that a defendant who may have a remedy over against another person can vouch the person into court merely by giving notice of the pendency of the action. It is a substantive and evidentiary law which makes the judgment rendered in the action against the defendant, conclusive and binding upon the vouchee "as to the amount and right of the plaintiff to recover." OCGA § 9-10-13. That is, the fact of the defendant's liability to the plaintiff and the amount of that liability, are matters binding upon the vouchee; the vouchee's liability to the defendant cannot be determined in this action but a separate action must be filed by the defendant to determine whether the vouchee is liable to the defendant. Dodge Trucks v. Wilson, 140 Ga.App. 743, 746, 231 S.E.2d 818, aff'd. 238 Ga. 636, 235 S.E.2d 142; Clary Appliance, etc., Center v. Butler, 139 Ga.App. 233, 228 S.E.2d 211; McArthor v. Ogletree, 4 Ga.App. 429, 61 S.E. 859. The vouchee is not a party defendant (Masters v. Pardue, 91 Ga.App. 684, 86 S.E.2d 704, aff'd. 211 Ga. 772, 88 S.E.2d 385; see Clary Appliance, etc., supra, 139 Ga.App. at p. 235, 228 S.E.2d 211 as he is in third-party practice under CPA Rule 14. Although he may defend for his own sake against the defendant's liability to the plaintiff, no judgment is rendered against him.
[182 Ga.App. 588] Obviously third-party practice has the advantage of permitting a...
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Miller v. Steelmaster Material Handling Corp., No. A96A1024
...the two suits are against the same party. See Moore v. Lamar, 182 Ga.App. 708, 356 S.E.2d 742 (1987); Hardee v. Allied Steel Buildings, 182 Ga.App. 587, 589(2), 356 S.E.2d 682 (1987); Tinsley v. Beeler, 134 Ga.App. 514, 516(1), 215 S.E.2d 280 In her amended application for a contempt citati......
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CSX Transp. v. Gen. Mills, Civil Action 1:14-CV-201-TWT
...must be filed by the 7 defendant to determine whether the vouchee is liable to the defendant.” Hardee v. Allied Steel Bldgs., Inc., 182 Ga.App. 587, 587 (1987). “Vouching helps to avoid duplicative litigation and the risk of inconsistent results in adjudicating indemnification claims.” Univ......
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McCord v. State, No. 73734
...of Appeals of Georgia. April 9, 1987. Lloyd D. Murray, Pembroke, for appellant. Dupont K. Cheney, Dist. Atty., J. Thomas Durden, Jr., [182 Ga.App. 587] Asst. Dist. Atty., for [182 Ga.App. 586] SOGNIER, Judge. Appellant was convicted of mutiny in a penal institution and he appeals. 1. Appell......
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Smith v. Transamerica Ins. Co., No. A95A1686
...liability to the plaintiff, no judgment is rendered against [the vouchee]." (Emphasis supplied.) Hardee v. Allied Steel Buildings, 182 Ga.App. 587(1), 356 S.E.2d 682 (1987). In fact, the provisions of the Civil Practice Act regarding third-party practice have largely superseded the vouchmen......
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Miller v. Steelmaster Material Handling Corp., No. A96A1024
...the two suits are against the same party. See Moore v. Lamar, 182 Ga.App. 708, 356 S.E.2d 742 (1987); Hardee v. Allied Steel Buildings, 182 Ga.App. 587, 589(2), 356 S.E.2d 682 (1987); Tinsley v. Beeler, 134 Ga.App. 514, 516(1), 215 S.E.2d 280 In her amended application for a contempt citati......
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CSX Transp. v. Gen. Mills, Civil Action 1:14-CV-201-TWT
...must be filed by the 7 defendant to determine whether the vouchee is liable to the defendant.” Hardee v. Allied Steel Bldgs., Inc., 182 Ga.App. 587, 587 (1987). “Vouching helps to avoid duplicative litigation and the risk of inconsistent results in adjudicating indemnification claims.” Univ......
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McCord v. State, No. 73734
...of Appeals of Georgia. April 9, 1987. Lloyd D. Murray, Pembroke, for appellant. Dupont K. Cheney, Dist. Atty., J. Thomas Durden, Jr., [182 Ga.App. 587] Asst. Dist. Atty., for [182 Ga.App. 586] SOGNIER, Judge. Appellant was convicted of mutiny in a penal institution and he appeals. 1. Appell......
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Smith v. Transamerica Ins. Co., No. A95A1686
...liability to the plaintiff, no judgment is rendered against [the vouchee]." (Emphasis supplied.) Hardee v. Allied Steel Buildings, 182 Ga.App. 587(1), 356 S.E.2d 682 (1987). In fact, the provisions of the Civil Practice Act regarding third-party practice have largely superseded the vouchmen......