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Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
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Experience:  Licensed to practice before state and federal court
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Is it correct that res judicata cannot apply unless there is

Customer Question

Is it correct that res judicata cannot apply unless there is a final judgment so if a properly filed appeal with merit means there is no binding final judgment? I need cites of law from highest courts possible United states district courts preferred.
Submitted: 2 months ago.
Category: Business Law
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

Just trying to understand what is going on in your case. What do you mean by a "properly filed appeal with merit"? Do you mean that there was a district court case and now it is on appeal and you are making sure that res judicata does not apply on appeal?

Customer: replied 2 months ago.
Jim, Thanks for interest in helping. Does a properly filed appeal with merit prevent "binding final judgment"? There cannot be res judicata referral to an unresolved matters. Cite of law
Expert:  Thelawman2 replied 2 months ago.

So I'm trying to understand by what happened when you say properly filed appeal with merit. Did you appeal a decision and won?

Customer: replied 2 months ago.
ypu can't bring an attorney. If you win an appeal it's self explanatory. Please get my question to someone else to answer. I need answer today!
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I am a different expert here to help today.

Generally, Georgia's principle of res judicata has been codified as OCGA § 9-12-40, which states that ‘[a] judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside.’   See Fowler v. Vineyard, 261 Ga. 454, 455, 405 S.E.2d 678 (1991).

In essence, this prohibits a party from bringing a lawsuit against one party in state court, and then trying again in federal court, for example. If a judgment is entered, it is going to be binding unless it is overturned on appeal or vacated in some manner by the court of competent jursidiction.

Accordingly, if an appeal is filed, this does not prevent the judgment from becoming binding as the appealing party may withdraw their appeal at any time. However, between the time the appeal is filed and a judgment is rendered on the appeal (i.e. denied or approved), the judgment is temporarily suspended until that time. Thus, if someone files an appeal, the judgment is still valid, it just cannot be enforced until the conclusion of the appeal.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
OOPs mistake to reinstate. Sorry and thanks for trying.
Expert:  Legal Eagle replied 2 months ago.

no problem. Thanks so much.