Blocker Farms of Florida, LLC v. Buurma Properties, LLC
Filing
65
ORDER vacating 47 Order and 48 Judgment. It Is Further Ordered that this case is hereby reopened, and the case is to be placed on the active docket of this Court. The Court stays this case pending the resolution of Lynn S. Wyatt v. Cale Blocker, Superior Court of Tattnall County, Georgia, CAFN: 2011-V-137-JS. Signed by Judge J. Randal Hall on 08/24/2016. (thb)
IN
THE
UNITED
FOR THE
STATES
DISTRICT
COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
BLOCKER FARMS OF FLORIDA,
LLC,
Plaintiff,
CV
v.
BUURMA PROPERTIES,
613-068
LLC,
Defendant.
ORDER
On September 15, 2014, this Court granted Defendant's Motion for
Summary Judgment
Judgment.
and denied Plaintiff's
(Doc. 47.)
Motion for Partial
Pursuant to the grant of summary judgment in
favor of Defendant on all of Plaintiff's claims,
(Doc. 48.)
this case was closed.
On October 14, 2014, Plaintiff filed its Notice of Appeal
to the Court of Appeals for the Eleventh Circuit.
accord
Summary
with
the
Eleventh
Circuit's
mandate
(Doc.
vacating
49.)
this
In
Court's
determination that Plaintiff's claims against Defendant were barred by
the doctrine of res judicata2 (Doc. 63), IT IS HEREBY ORDERED that the
1 Plaintiff
Blocker
Farms of Florida is not,
alleges, a Florida corporation.
as the
Plaintiff's
Complaint
Rather, Plaintiff Blocker Farms of Florida
is a Florida limited liability company.
(Doc. 54-1 at 2; Doc. 59, at 3-4) .
Clerk is therefore ORDERED to correct the caption of this action to
reflect this fact (i.e., Plaintiff should be identified as "BLOCKER FARMS OF
The
FLORIDA,
LLC").
2 The Court's grant of summary judgment in favor of Defendant and denial of
partial summary judgment in favor of Plaintiff was based on the parties and
their privies' prior litigation of an identical issue in the Superior Court
of Tattnall County, Georgia, namely the matter of Lynn S. Wyatt v. Cale
Blocker, Superior Court of Tattnall County, Georgia, CAFN: 2011-V-137-JS (the
"State Litigation").
(Doc. 47.) After the grant of summary judgment in the
captioned matter,
however,
the Court of Appeals of the State of Georgia
vacated the Superior Court's
proceedings.
(Doc.
63,
judgment and remanded the
at 2).
Accordingly,
case
for
further
the third prerequisite of
Order and Judgment entered on September 15,
hereby
VACATED.
IT
IS
FURTHER
ORDERED
2014
that
(Docs.
this
47
case
& 48)
is
are
hereby
reopened, and the case is placed on the active docket of this Court.
NOTWITHSTANDING THE FOREGOING,
the Court STAYS this case pending the
resolution of the ongoing parallel State Litigation
Cale Blocker,
V-137-JS] .
Superior Court of Tattnall County,
See Moorer v.
994, 998 (11th Cir. 2004).
resolution
announcement
of
the
of the
State
Demopolis Waterworks
[Lynn S.
Georgia,
Wyatt v.
CAFN:
& Sewer Bd.,
2011-
374
F.3d
The parties shall file notice of the final
Litigation
with
this
Court
upon
the
same.
ORDER ENTERED at Augusta, Georgia, this tZ^T*
day of August,
2016.
fcNORTffilS/ J. F^fD^L HALL'
uW^fi^^TATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
Georgia's doctrine of res judicata, "the previous adjudication on the merits
by a court of competent jurisdiction," is not satisfied. (Id. at 3.)
2
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