Aiken Dermatology & Skin Cancer Clinic, P.A. v. Davlong Systems, Inc., 314 Ga. App. 699

Aiken Dermatology & Skin Cancer Clinic, P.A. filed four essentially identical fraud and contract claims against DavLong Systems, Inc. (Case One, Two, Three, Four).
Case One (2002) was dismissed without prejudice in 2003; Case Two (2003) proceeded with partial summary judgment on breach of warranty denied, fraud granted to summary judgment, and an interlocutory appeal granted in 2005.
Costs for the appellate record were not paid; DavLong moved to dismiss the appeal in 2006; Case Two was dismissed under OCGA § 9-11-41(e) in 2010.
May 6, 2010, Aiken filed Case Three (fraud) against DavLong and its successor, while Case Two costs remained unpaid.
August 4, 2010, Aiken paid Case Two costs and filed Case Four as a renewal; DavLong moved to dismiss, arguing outside limitations and multiple renewals.
January 3, 2011, Case Three was dismissed for nonpayment of costs; April 29, 2011, Case Four was dismissed as an invalid renewal; the trial court held the fraud claim was barred by res judicata; the Court of Appeals reverses on renewal and res judicata issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Case Four was a valid renewal under OCGA § 9-2-61(a).	Case Four was the first valid renewal.	Case Three failed as a renewal; Case Four cannot be renewal.	Case Four valid renewal; trial court reversed.
Whether Case Three barred Case Four as a prior pending action.	Case Three did not bar Case Four due to renewal timing/costs issue.	Two simultaneous suits with same claims; later suit barred.	Case Three did not bar Case Four; Case Four may proceed.
Whether the fraud claim is barred by res judicata from the prior summary judgment.	Res judicata does not apply to the fraud claim.	Res judicata bars relitigation of fraud.	Fraud claim not barred; reversal of the summary judgment ruling.

Little v. Walker, 250 Ga. 854, 301 S.E.2d 639 (1983) (1983) (costs payment prerequisite to renewal; jurisdictional rule)
Couch v. Wallace, 249 Ga. 568, 292 S.E.2d 405 (1982) (1982) (costs payment as prerequisite to second suit)
Tucker v. Mitchell, 252 Ga. 545, 314 S.E.2d 896 (1984) (1984) (procedural prerequisites to renewal; jurisdictional view)
Wilson v. Atlanta, K. & N.R. Co., 115 Ga. 171, 41 S.E. 699 (1902) (1902) (early rule on renewal/abortive suits; exceptions)
Sosebee v. Steiner, 128 Ga.App. 814, 198 S.E.2d 325 (1973) (1973) (renewal action not valid if prior costs unpaid)
Grier v. Wade Ford, Inc., 135 Ga.App. 821, 219 S.E.2d 43 (1975) (1975) (renewal action validity standards)
Bhindi Bros. v. Patel, 275 Ga.App. 143, 619 S.E.2d 814 (2005) (2005) (exceptional analysis of multiple suits; abatement principles)
Mitchell v. Oliver, 254 Ga. 112, 327 S.E.2d 216 (1985) (1985) (interlocutory review and res judicata interaction)
Hardwick, Cook & Co. v. 3379 Peachtree, Ltd., 184 Ga.App. 822, 363 S.E.2d 31 (1987) (1987) (procedural default vs. res judicata in appeals)
Roth v. Gulf Atlantic Media, 244 Ga.App. 677, 536 S.E.2d 577 (2000) (2000) (impact of partial summary judgment on res judicata)
Stanley v. Hart, 254 Ga.App. 258, 562 S.E.2d 186 (2002) (2002) ( OCGA 9-11-54(b) finality distinction in partial judgments)