McLain Bldg. Materials v. Hicks

In McLain Bldg. Materials v. Hicks 205 Ga. App. 767 (423 SE2d 681) (1992), appellees sued appellant in Rockdale County. After being served in the Rockdale County action, appellant sued appellees in Fulton County, claiming $ 19,858.60 in monies owed. Appellant then filed an answer in the Rockdale County action and asserted a counterclaim for $ 19,858.60. Appellees filed a motion to dismiss the Fulton County action based on the pendency of the earlier-filed Rockdale County action. The trial court granted the motion and we affirmed as to appellee wife, finding that since appellant was plaintiff with respect to its counterclaim in the Rockdale County action as well as its claim in the Fulton County action, the required identity of parties was present. Id.