Issue: Under Georgia law, can deposition testimony be used to reopen a prior adjudication?
|Area of Law:||Litigation & Procedure|
|Keywords:||Reopen a prior adjudication; Deposition testimony|
|Cited Cases:||232 S.E.2d 606; 158 S.E.2d 680; 98 S.E.2d 179|
In a case in which a party sought to reopen a prior adjudication on the basis of deposition testimony taken in the original action, the court held that
[a]ny issue which could have been determined on the first hearing is res judicata. . . . Since the alleged remarriage occurred prior to the first hearing, and since the issue of the claimant spouse’s dependency was adjudicated on the first hearing, the determination of that issue is res judicata and cannot now be controverted. . . . Cases concerning changes in condition of a claimant occurring after a first hearing are not applicable in the instant cases for [these] reasons . . . .
Fishten v. Campbell Coal Co., 95 Ga. App. 410, 416, 98 S.E.2d 179, 183 (1957) (citations omitted). Accord Carriers Ins. Co. v. McConnell, 141 Ga. App. 44, 232 S.E.2d 606 (1977); Connecticut Indem. Co. v. Gaudio, 116 Ga. App. 672, 158 S.E.2d 680 (1967).