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10 Georgia opinions name it 2 courts 1991–2026 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lawson v. Watkinsgreen2 sentences2018Based on this, we stated over a century later that “one must assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which are not raised will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Lawson, supra at 149 (2).4 4 In Lawson, supra, we also explained the interaction between res judicata and the practice of permissive joinder of claims, see OCGA § 9-11-18, which is allowed by statute in Georgia. 2018Based on this, we stated over a century later that “one must assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which are not raised will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Lawson, supra at 149 (2).4 4 In Lawson, supra, we also explained the interaction between res judicata and the practice of permissive joinder of claims, see OCGA § 9-11-18, which is allowed by statute in Georgia. | 6 | 6 |
Fowler v. Vineyardgreen2 sentences2015In fact, as shown by its allegations, all of *865 Global Ship’s causes of action from each of its three civil actions may be traced to its initial financing and activities associated with its financing. 14 To preserve causes of action from res judicata, “one must assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which are not raised will be res judicata pursuant to OCGA § 9-12-40.” Fowler, 261 Ga. at 458 (3). 1996This requirement has been interpreted to mean that “ ‘one must assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which are not raised will be res judicata pursuant to OCGA § 9-12-40.’ ” Fowler v. Vineyard, 261 Ga. 454, 458 ( 405 SE2d 678 ) (1991) citing Lawson v. Watkins, 261 Ga. 147, 149 ( 401 SE2d 719 ) (1991). | 3 | 3 |
Brinson v. First American Bankgreen2 sentences1998Corp. v. Smith & Jenkins, P.C., 220 Ga. App. 394, 396-397 ( 469 SE2d 466 ) (1996); Brinson v. First American Bank, 200 Ga. App. 552, 554-555 ( 409 SE2d 50 ) (1991); compare Lawson, supra. In the prior action against Banderas, Doman was required to “assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which [Doman did not assert in the prior action] will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Id. at 149. 1998Corp. v. Smith & Jenkins, P.C., 220 Ga. App. 394, 396-397 ( 469 SE2d 466 ) (1996); Brinson v. First American Bank, 200 Ga. App. 552, 554-555 ( 409 SE2d 50 ) (1991); compare Lawson, supra. In the prior action against Banderas, Doman was required to “assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which [Doman did not assert in the prior action] will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Id. at 149. | 1 | 1 |
Centrust Mortgage Corp. v. Smith & Jenkins, P. C.green2 sentences1998Corp. v. Smith & Jenkins, P.C., 220 Ga. App. 394, 396-397 ( 469 SE2d 466 ) (1996); Brinson v. First American Bank, 200 Ga. App. 552, 554-555 ( 409 SE2d 50 ) (1991); compare Lawson, supra. In the prior action against Banderas, Doman was required to “assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which [Doman did not assert in the prior action] will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Id. at 149. 1998Corp. v. Smith & Jenkins, P.C., 220 Ga. App. 394, 396-397 ( 469 SE2d 466 ) (1996); Brinson v. First American Bank, 200 Ga. App. 552, 554-555 ( 409 SE2d 50 ) (1991); compare Lawson, supra. In the prior action against Banderas, Doman was required to “assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which [Doman did not assert in the prior action] will be res judicata pursuant to OCGA § 9-12-40.” (Emphasis in original.) Id. at 149. | 1 | 1 |
Caswell v. Caswellgreen2 sentences1997Schools, 200 Ga. App. 20, 25 ( 407 SE2d 78 ) (1991). “ “Where a judgment has been rendered on the merits, the doctrine of res judicata may not be avoided merely by requesting different relief in a subsequent suit.’ Caswell v. Caswell, 162 Ga. App. 72, 73 ( 290 SE2d 171 ) (1982).” (Emphasis supplied.) Waggaman v. Franklin Life Ins. 1997Schools, 200 Ga. App. 20, 25 ( 407 SE2d 78 ) (1991). “ “Where a judgment has been rendered on the merits, the doctrine of res judicata may not be avoided merely by requesting different relief in a subsequent suit.’ Caswell v. Caswell, 162 Ga. App. 72, 73 ( 290 SE2d 171 ) (1982).” (Emphasis supplied.) Waggaman v. Franklin Life Ins. | 1 | 1 |
Franklin v. Gwinnett County Public Schoolsgreen2 sentences1997Schools, 200 Ga. App. 20, 25 ( 407 SE2d 78 ) (1991). “ “Where a judgment has been rendered on the merits, the doctrine of res judicata may not be avoided merely by requesting different relief in a subsequent suit.’ Caswell v. Caswell, 162 Ga. App. 72, 73 ( 290 SE2d 171 ) (1982).” (Emphasis supplied.) Waggaman v. Franklin Life Ins. 1997Schools, 200 Ga. App. 20, 25 ( 407 SE2d 78 ) (1991). “ “Where a judgment has been rendered on the merits, the doctrine of res judicata may not be avoided merely by requesting different relief in a subsequent suit.’ Caswell v. Caswell, 162 Ga. App. 72, 73 ( 290 SE2d 171 ) (1982).” (Emphasis supplied.) Waggaman v. Franklin Life Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wells v. Keith
neutral
2 sentences1997Wells v. Keith, 213 Ga. 858 ( 102 SE2d 533 ) (1958). 1997Wells v. Keith, 213 Ga. 858 ( 102 SE2d 533 ) (1958). | 1 | 1997–1997 |
Watkins v. Lawton
green
1 sentence1991The language used in the statute was drawn from Watkins v. Lawton, 69 Ga. 671 (1882), where this court held: A judgment is conclusive as to all matters put in issue, or which, under the rules of law, might have been put in issue, in a former suit between the same parties concerning the same subject matter in a court of competent jurisdiction. [Emphasis supplied.] Thus, one must assert all claims for relief concerning the same subject matter in one lawsuit and any claims for relief concerning that same subject matter which are not raised will be res judicata pursuant to OCGA § 9-12-40. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.