Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Benedict v. Snead

Res judicata barred plaintiff's amended complaint asserting a claim for return of his earnest money because he was attempting to re-litigate a claim between the parties concerning the same subject matter of his original complaint after he lost his original claim on summary judgment and appeal.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

At issue is whether the trial court properly dismissed an amendment to a complaint on the basis of res judicata. Because we find that final judgment had been entered on the original complaint, and the amendment attempted to re-litigate a claim between the parties concerning the same subject matter which could have been litigated as part of the original complaint, we affirm the trial court’s dismissal.

Samuel Benedict entered into a contract to buy real property from James and Cheryl Snead. When the Sneads refused to sell citing Benedict’s failure to close by the date specified in the contract, Benedict sued the Sneads for specific performance of the contract and sued his real estate broker for negligence. The trial court granted summary judgment on the claim against the Sneads, leaving the claim against the broker pending. Although the trial court did not direct entry of final judgment as to the Sneads pursuant to OCGA § 9-11-54 b, Benedict elected to pursue an immediate appeal of the summary judgment to the Supreme Court pursuant to OCGA § 9-11-56 h. In Benedict v. Snead, 271 Ga. 585 519 SE2d 905 1999, the Supreme Court affirmed the trial court’s grant of summary judgment to the Sneads.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
Real Estate Paralegal

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs