Target National Bank v. Luffman

Boggs, Judge.

This appeal illustrates an earlier observation by this court: “The magistrate courts of Georgia are not courts of record, and this can raise procedural issues that parties may wish to avoid. [Cit.]” America Net v. U. S. Cover, 243 Ga. App. 204, 207 (1), n. 3 (532 SE2d 756) (2000). Here, the superior court granted appellees’ motion to dismiss on the ground of res judicata on the basis that appellant voluntarily dismissed prior claims in magistrate court without leave of court. But nothing in the record or the law supports such a dismissal, and we therefore reverse.

The scant record…