Ford v. Tycam Home Builders Inc.

On September 28, 2000, Alfred Ford filed an action in the Coweta County Magistrate Court against Tycam Home Builders, Inc., and its principal officer Anthony Pourhassan, alleging that construction on his new home had not been completed. On October 27, 2000, Ford filed a second action in the magistrate court against Tycam, again alleging defects in the construction of his house. In March 2001, Ford voluntarily dismissed both of these actions. In July 2001, Alfred and Evanthia Ford filed an action in the Coweta County State Court against Tycam and Pourhassan, once again claiming defects in the construction of the home. That action was stayed pending arbitration, and on October 31, 2002, an ex parte arbitration award was entered in favor of the Fords. They did not, however, then move the trial court to confirm the award, but instead voluntarily dismissed the state court action.

Several days later, the Fords filed another action against Tycam and Pourhassan, this time in the Coweta County Superior Court, seeking confirmation of the arbitration award and damages. Based on the three prior voluntary dismissals, the superior court dismissed the action with prejudice pursuant to OCGA § 9-11-41 a. The Fords appeal.