Opinion
74133.
DECIDED MAY 4, 1987.
Action on note. Cook Superior Court. Before Judge Knight.
Billy D. Stripling, pro se. Terry R. Barnick, for appellee.
Appellant-plaintiff filed a multi-count complaint against appellee-defendant. Appellee answered and raised, among other defenses, the affirmative defense of res judicata. Based upon its res judicata defense, appellee subsequently filed a motion to dismiss. After conducting a hearing on appellant's motion, the trial court, in effect, granted summary judgment in favor of appellee. Appellant appeals.
The evidence of record demonstrates that, prior to appellant's initiation of this suit, appellee had sued appellant on a promissory note and had obtained a judgment by default against him. See Stripling v. Farmers Merchants Bank, 175 Ga. App. 75 ( 332 S.E.2d 373) (1985). The various claims that appellant now asserts against appellee in the case sub judice are all based upon the parties' former debtor-creditor relationship and the promissory note that appellant executed in favor of appellee. These claims should have been, but were not, raised by appellant as compulsory counterclaims to appellee's former action on the note. See generally First Fed. S. L. Assn. of Detroit v. I.T.S.R.E., 159 Ga. App. 861 ( 285 S.E.2d 593) (1981); B. J. Howard Corp. v. Skinner, Wilson, Strickland, Hardy c., 172 Ga. App. 446, 447 (1) ( 323 S.E.2d 664) (1984); Nindos v. Katra, Inc., 173 Ga. App. 326, 327 (2) ( 326 S.E.2d 530) (1985); Medlin v. Carpenter, 174 Ga. App. 50, 51 (2) ( 329 S.E.2d 159) (1985); Idowu v. Lester, 176 Ga. App. 713 (1b) ( 337 S.E.2d 386) (1985). The trial court correctly granted appellee's motion for summary judgment.
Judgment affirmed. Banke, P. J., and Benham, J., concur.