McLain Building Materials, Inc. v. Hicks

Cooper, Judge.

Appellant appeals from the trial court’s grant of appellees’ motion to dismiss pursuant to OCGA § 9-2-5 (a) based on the existence of a prior pending action.

Appellees Mary Ann and Earnest Hicks, a married couple, were building a home in Rockdale County. The real estate was in the name of Mrs. Hicks alone. Some of the building materials for the home were ordered from appellant. A disagreement arose between appellant and appellees concerning charges for certain custom-made materials which appellees contend they never ordered. As a result, appellant placed two liens on the Rockdale…