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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2010 » S10A0392. BODY of CHRIST OVERCOMING CHURCH of GOD, INC. v. BRINSON
S10A0392. BODY of CHRIST OVERCOMING CHURCH of GOD, INC. v. BRINSON
State: Georgia
Court: Supreme Court
Docket No: S10A0392
Case Date: 07/05/2010
Preview:Final Copy 287 Ga. 485 S10A0392. BODY OF CHRIST OVERCOMING CHURCH OF GOD, INC. v. BRINSON. NAHMIAS, Justice. Body of Christ Overcoming Church of God, Inc., appeals from the Fulton County Superior Court's grant of summary judgment to Ralph Brinson on the Church's claim to quiet title to certain property. The Fulton County court granted summary judgment based on "the doctrine of res judicata." The trial court concluded, among other things, that a prior DeKalb County Superior Court judgment had determined that Lonnie Kelley, who is purportedly acting as a director of the Church corporation, had no authority to act on behalf of or represent the church when he purported to reinstate the Church as a corporation in 2005 and that the Church therefore was not properly reinstated as a corporation.1 Although we conclude the trial court erred in granting summary judgment based on res judicata, the trial court's rulings support the grant of
The Church had been administratively dissolved as a corporation in 1998. This is the second appeal of this case. In Body of Christ Overcoming Church of God, Inc. v. Brinson, 285 Ga. 613 (680 SE2d 856) (2009), we reversed the trial court's grant of summary judgment to Brinson because the court failed to hold an oral hearing, as requested by the Church, before ruling on Brinson's motion. See id. at 613-614. On remand, the trial court held a hearing and again granted summary judgment to Brinson.
1

summary judgment based on the closely-related doctrine of collateral estoppel. See Braley v. City of Forest Park, 286 Ga. 760 (692 SE2d 595) (2010) (affirming grant of summary judgment under the "right for any reason" rule). Accordingly, we affirm. The doctrine of res judicata prevents the re-litigation of all claims which have already been adjudicated, or which could have been adjudicated, between identical parties or their privies in identical causes of action. . . . Three prerequisites must be satisfied before res judicata applies
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