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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.

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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.

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