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Bostick v. CMM Properties Inc.

The Court of Appeals erred in affirming the trial court's finding that res judicata barred the suit.

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This Court granted certiorari to the Court of Appeals in Bostick v. CMM Properties, 327 Ga. App. 137 755 SE2d 895 2014, to consider whether the Court of Appeals erred when it found an identity of parties or their privies sufficient to permit the application of res judicata. See OCGA § 9-12-40.1 For the reasons which follow, we find that the Court of Appeals erred in this regard, and consequently, we reverse and remand.

The facts as found by the Court of Appeals are the following. In January 1992, Diversified Capital Management, Inc. “Diversified” leased premises designated as a grocery store to James Bostick “Bostick”. In August 1992, Diversified assigned its rights as lessor to Ingram Timber Enterprises, L.P. “Ingram”. In October 2000, Bostick, with the approval of Ingram, subleased the property to CMM Properties, Inc. “CMM”. The sublease was subject to all the terms of the original lease, referred to by the parties as the “master lease.”

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