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)

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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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