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Holmes v. Sta-Brite Awning Sys. Inc.

Plaintiff could not relitigate claims in Clayton County which were affirmed on appeal from a prior Fulton County action against the same defendant.

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Reverend Kenneth Holmes is before us again in connection with his ongoing dispute over the use of certain land owned by Achor Center, Inc.1 In this case, Holmes claims that Sta-Brite Awning Systems, Inc. “Sta-Brite” tortiously interfered with and damaged personal property located on the Achor Center premises that belonged to him and his Capitol View Community Church “the Church”. The trial court granted summary judgment on res judicata grounds, and Holmes appeals. For reasons that follow, we affirm.2

On April 22, 1997, Holmes filed suit individually against Sta-Brite in Fulton County State Court, claiming that Sta-Brite improperly removed, damaged, and interfered with two church signs that he had purchased. During a deposition, Holmes testified that he, rather than the Church, personally paid for and owned the signs at issue. Sta-Brite subsequently moved for summary judgment, and Judge Gino Brogdon held a hearing at which Holmes again indicated that he owned the church signs. On September 8, 1997, Judge Brogdon granted Sta-Brite’s motion for summary judgment on all of Holmes claims,3 and we affirmed that ruling in an unpublished opinion.

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