Lee v. Southeastern Plumbing Supply Co.
| Decision Date | 14 February 1979 |
| Docket Number | No. 34292,34292 |
| Citation | 252 S.E.2d 905,243 Ga. 128 |
| Parties | LEE v. SOUTHEASTERN PLUMBING SUPPLY COMPANY. |
| Court | Georgia Supreme Court |
Louis F. McDonald, Atlanta, for appellant.
Whitfield C. Smith, Decatur, for appellee.
The issue here is res judicata. The appellant filed an equitable petition in the DeKalb Superior Court to set aside a default judgment (entered in the State Court of Fulton County) on the ground that it was obtained by fraud. Prior to the equitable suit, the appellant had filed an extraordinary motion for new trial in the State Court of Fulton County to set aside the default judgment. See Simpson v. Bradley, 189 Ga. 316, 5 S.E.2d 893 (1939); Lucas v. Lucas, 179 Ga. 821, 177 S.E. 684 (1934). The motion for new trial was overruled and the Court of Appeals affirmed. Lee v. Southeastern Plumbing Supply Co., 145 Ga.App. 465, 244 S.E.2d 33 (1978).
The trial court did not err in dismissing the equitable petition. Lewis v. Lewis, 228 Ga. 703(3), 187 S.E.2d 872 (1972).
Judgment affirmed.
All the Justices concur, except HILL, J., who concurs in the judgment only.
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Flanders v. Georgia Farm Bureau Mut. Ins. Co.
...50, 51, 162 S.E.2d 793 (1968); Miller v. Columbus, Ga., 229 Ga. 234(1), 190 S.E.2d 535 (1972). See also Lee v. Southeastern Plumbing etc. Co., 243 Ga. 128, 252 S.E.2d 905 (1979). Appellant does not controvert the facts in Simon, In order for the doctrine of res judicata to apply, there are ......
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