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Target Nat'l Bank v. Luffman

The superior court improperly applied res judicata to the voluntary dismissals of the magistrate court actions, since there was no evidence in the record to determine the procedural posture of the magistrate court action at the time of the dismissals.

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This appeal illustrates an earlier observation by this court: “The magistrate courts of Georgia are not courts of record, and this can raise procedural issues that the parties may wish to avoid. Cit.” America Net v. U. S. Cover, 243 Ga. App. 204, 207 1 n.3 532 SE2d 756 2000. Here, the superior court granted appellees’ motion to dismiss on the ground of res judicata on the basis that appellant voluntarily dismissed prior claims in magistrate court without leave of court. But nothing in the record or the law supports such a dismissal, and we therefore reverse.

The scant record before us indicates that appellant Target National Bank “Target” filed a complaint on account in superior court against appellants Brian K. Luffman and Jessica A. Luffman “the Luffmans”. The Luffmans answered pro se, asserting 23 affirmative defenses and counterclaiming against Target and 10 “Doe” defendants for malicious and negligent abuse of process, invasion of privacy, violation of the federal and state Fair Debt Collection Practices Acts, and intentional and negligent infliction of emotional distress and mental anguish.1

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