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Global Ship Sys. LLC v. RiverHawk Group LLC

Res judicata barred the plaintiffs' third civil action arising from the same set of facts.

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Global Ship Systems, LLC, GSS Operations, LLC, Robert S. Creech, III and the remaining plaintiffs1 collectively, the Global Ship Plaintiffs appeal from an order of the Superior Court of Chatham County granting RiverHawk Group, LLC and certain related defendants’2 collectively, the RiverHawk Defendants motion for summary judgment and dismissing the Global Ship Plaintiffs’ complaint for violation of Georgia’s voluntary dismissal statute. See OCGA §§ 9-11-41 a 1, 3; 9-12-40. Because the trial court correctly dismissed Global Ship’s third civil action arising from the same set of facts, we affirm.

In 2003 and 2004, Global Ship and Creech sought financing for the purchase of a Savannah, Georgia shipyard. Their search for financing led to Fortress Credit Corporation, a defendant in the first action.3 Global Ship ultimately secured financing, but it alleged that in December 2005, a series of equipment failures crippled Global Ship’s operations which led to a decline in revenue.4 Global Ship’s demise culminated in an October 2007 effort by Drawbridge to foreclose on the company’s real and personal property, as well as the shipyard.

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