Robinson v. Stokes

Smith, Judge.

This appeal presents the question of whether a defendant who has voluntarily dismissed without prejudice a compulsory counterclaim may renew that counterclaim as an original action under OCGA § 9-2-61 after the plaintiff has voluntarily dismissed the main claim with prejudice and without objection by the defendant. The trial court ruled that res judicata bars the renewal of such a counterclaim and granted summary judgment to the former plaintiff, Stokes, on that ground. We agree, and we therefore affirm the judgment.

The record shows that Annette Stokes and Ola Mae Robinson were…