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Azarat Mktg. Group Inc. v. Georgia Dep't of Admin. Affairs

The state waived its res judicata defense to plaintiff's complaint by failing to raise it in an answer or motion prior to suffering a default judgment.

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Azarat Marketing Group, Inc. “Azarat” filed suit against the State of Georgia, the Georgia Department of Administrative Affairs, and the University of Georgia, alleging that the State had breached a contract for the purchase of 36 computers. In Case Number A00A0365, Azarat appeals from an order granting summary judgment to the State. Finding that the trial court erred in allowing the State to assert the affirmative defense of res judicata after suffering a default judgment on the issue of liability, we reverse the trial court’s grant of summary judgment. In Case Number A00A0366, the State appeals the trial court’s denial of its motion to open default. Finding no error, we affirm.

A00A0365

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