Roth v. Gulf Atl. Media of Ga. Inc.

Since the trial court's grant of summary judgment to the defendants in plaintiff's prior action was affirmed on appeal, the plaintiff could not relitigate his claims.

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The doctrine of res judicata provides that a final judgment of a court of competent jurisdiction is conclusive between the parties and bars a subsequent action between the same parties on the same subject matter.1 Jerry Roth sued Gulf Atlantic Media of Georgia, Inc., and Carl Marcocci for fraud and breach of contract. The trial court granted summary judgment to Gulf Atlantic and Marcocci, and that judgment was affirmed on appeal. The trial court later dismissed the breach of contract claim as to Marcocci. Roth then voluntarily dismissed the lawsuit without prejudice, and later refiled the same fraud and breach of contract claims against Gulf Atlantic and Marcocci in another court. Are the subsequent fraud claims against Gulf Atlantic and Marcocci and the breach of contract claim against Marcocci barred by the doctrine of res judicata We find that they are barred because a court of competent jurisdiction has already rendered a final judgment on the merits of those claims. We therefore affirm the lower court’s grant of summary judgment to Gulf Atlantic and Marcocci on the fraud claim, and to Marcocci on the breach of contract claim.

In 1988, Roth agreed to buy stock in Gulf Atlantic, and to be employed as Gulf Atlantic’s president and as the general manager of two Gulf Atlantic radio stations in Savannah. In 1990, Roth sued Gulf Atlantic and its majority shareholder, Marcocci, in Chatham County Superior Court. In count one of the complaint, Roth claimed that Gulf Atlantic and Marcocci had fraudulently induced him to enter into the stock purchase and employment agreements by misrepresenting the amount of money that Marcocci would invest in Gulf Atlantic. In count two Roth complained that Gulf Atlantic and Marcocci had breached the stock purchase agreement by refusing his request that they redeem his stock.

Roth v. Gulf Atl. Media of Ga. Inc.

Since the trial court's grant of summary judgment to the defendants in plaintiff's prior action was affirmed on appeal, the plaintiff could not relitigate his claims.

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