McLeod v. Clements
310 Ga. App. 235
Ga. Ct. App.2011Background
- McLeod sought water from a well on Clements's property under a 1971 agreement between prior owners.
- McLeod filed three largely identical lawsuits (First, Second, Third) over the same water-connection dispute.
- Declaratory-judgment hearing for the 1971 agreement was held July 21, 2008; trial court later ruled the 1971 agreement did not bind Clements.
- McLeod dismissed the First Lawsuit, then pursued the Second; McLeod appealed the August 5, 2008 judgment and related matters.
- McLeod filed a Third Lawsuit in 2009 while appeals were pending; the trial court again dismissed related actions with prejudice.
- This Court reversed as to jurisdiction and abatement issues, reversing dismissal with prejudice and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court lack jurisdiction to modify in light of a pending appeal? | McLeod argues supersedeas proceeding divested trial court of jurisdiction. | Clements contends trial court could manage post-judgment motions. | Yes; jurisdiction to modify was divested; reverse and remand as to First/Second. |
| Was the Third Lawsuit properly dismissed with prejudice when a former action was pending? | McLeod maintained no proper abatement occurred against duplicative suit. | Clements argued persistent duplicative actions justify dismissal. | No; dismissal with prejudice improper; abatement appropriate; remand. |
Key Cases Cited
- McLeod v. Clements, 298 Ga.App. 553 (2009) (McLeod I—notice requirements and initial reversal)
- McLeod v. Clements, 300 Ga.App. 133 (2009) (McLeod II—res judicata/abstention nuances)
- McLeod v. Clements, 306 Ga.App. 355 (2010) (McLeod III—appeals and proceedings relation)
- Davis v. Harpagon Co., LLC, 281 Ga. 250 (2006) (jurisdiction when a notice of appeal is filed)
- Huff v. Valentine, 217 Ga.App. 310 (1995) (abated actions when pending prior suit)
- Sadi Holdings, LLC v. Lib Prop., Ltd., 293 Ga.App. 23 (2008) (pendency governs abatement; two suits rule)
- Ransom v. Holman, 305 Ga.App. 533 (2010) (procedural posture in multiple actions)
- Stowers v. Guthrie, 196 Ga.App. 86 (1990) (general principles on joinder/abstention)