DEPARTMENT OF TRANSP. v. HALL

No. A96A0200.

470 S.E.2d 775 (1996)

221 Ga. App. 178

DEPARTMENT OF TRANSPORTATION v. HALL et al.

Court of Appeals of Georgia.

April 19, 1996.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, George P. Shingler, Carol A. Callaway, Assistant Attorneys General, for appellant.

Jeffrey B. Talley, Dallas, for appellees.


BEASLEY, Chief Judge.

The sole question brought by the Georgia Department of Transportation is whether its complaint for reformation of a deed was a compulsory counterclaim in another suit. The DOT filed the complaint after the court denied its motion to counterclaim and add parties. The court in the instant case held that the new complaint should have been brought as a counterclaim in the earlier suit and granted summary judgment to the Halls and Ropers.

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