Dismissal with prejudice of plaintiff’s complaint and award of attorneys’ fees to defendant, VACATED, as res judicata did not bar plaintiff’s action; Court previously reversed grant of declratory judgment to defendant in McLeod v. Clements, A09A0632 (06/25/09), 09 FCDR 2226 (07/10/09), because plaintiff was not provided with statutory notice per OCGA 9-4-5, so declaratory judgment hearing and decision was nullity and there was no legitimate litigation of issues in first action; award of attorneys’ fees to defendant based on plaintiff’s’ “wanton disregard of the judicial process”‘ infiling second action was improper.

From:  Fulton County Daily Report (10/09/09)

McLeod v. Clements, A09A1256 (09/21/09), 09 FCDR 3091

Attorneys:  R. Jerry McLeod (pre se), Stephen R. Sullivan

Judges: Richard M. Coward, Brooks Superior Court;  Georgia Court of Appeals:  Barnes, Miller, Andrews