Horton v. Middle Georgia Bank

Carley, Presiding Judge.

In a previous lawsuit filed by appellant-plaintiff, the trial court granted summary judgment in favor of appellee-defendant and, on appeal, this court affirmed. Horton v. Middle Ga. Bank, 191 Ga. App. 51, 52 (2) (380 SE2d 749) (1989). In the instant action, appellant sought damages based upon the allegation that the affidavit upon which appellee had secured summary judgment in the previous action contained factual misstatements. After appellee answered, it successfully moved for summary judgment and appellant appeals.

1. “It is . . . clear that the instant action is no…