Rafizadeh v

KR Snellville, LLC, 280 Ga. App. 613, 634 S.E.2d 406 (2006). Dismissal of a complaint for want of prosecution was not an adjudication on the merits; thus, collateral estoppel and res judicata did not bar a subsequent complaint. Valdez v. R. Constr., Inc., 285 Ga. App. 373, 646 S.E.2d 329 (2007). Because a prior order entered in a suit between a payor and a payee was a final adjudication of the payee’s quantum meruit claim, and the payee did not appeal from that aspect of the order, that order acted as res judicata and could not be raised again in the instant suit. ChoicePoint Servs. v. Hiers, 284 Ga. App. 640, 644 S.E.2d 456 (2007), cert. denied, 2007 Ga. LEXIS 499 (Ga. 2007). In an action by a client against the client’s former attorney, the client was estopped by res judicata from seeking further judicial review of a 2005 order; the client filed an application for discretionary review of the 2005 order, which the Supreme Court of Georgia denied on its merits. Hook v. Bergen, 286 Ga. App. 258, 649 S.E.2d 313 (2007), cert. denied, 2007 Ga. LEXIS 697 (Ga. 2007). Trial court did not err in entering summary judgment in favor of a grantor’s grandsons in an action filed by the grantor’s wife, daughter, and granddaughter challenging the validity of a quitclaim deed because res judicata compelled sum- 79 Res Judicata (Cont’d) mary judgment on the counts alleging cloud on title, undue influence, and mistake of fact since there was an identity of the parties, and a decision of the court of appeals in a prior appeal upholding the trial court’s grant of summary judgment constituted an adjudication on the merits; the causes of action raised in the amended complaint were matters put in issue or which under the rules of law could have been put in issue in the original complaint. Smith v. Lockridge, 288 Ga. 180, 702 S.E.2d 858 (2010). Because the counterclaim-plaintiffs in the second-dismissed case were not plaintiffs in the first-dismissed case, the second dismissal did not operate as an adjudication upon the merits under O.C.G.A. § 9-11-41(a)(3). Consequently, O.C.G.A. § 9-12-40 did not preclude the instant action, and the trial court erred in dismissing the action on that ground. Dillard Land Invs., LLC v. S. Fla. Invs., LLC, 320 Ga. App. 209, 739 S.E.2d 696 (2013). Drug store’s voluntary dismissal of the store’s inverse condemnation suit with prejudice barred the store’s damages claim against a state agency in a direct condemnation action based on res judicata and the purported mistake of dismissing with prejudice was not subject to correction under O.C.G.A. § 9-11-60. DOT v. Revco Disc. Drug Ctrs., Inc., 322 Ga. App. 873, 746 S.E.2d 631 (2013). Opportunity to litigate issues in prior suit. — Plaintiff ’s action, seeking to litigate whether the defendant had valid title to property from a tax sale, was not barred by res judicata because under O.C.G.A. § 44-7-9 the plaintiff did not have the opportunity in the prior dispossessory proceeding in magistrate court to litigate title issues. Myers v. North Ga. Title & Tax Free Exchange, LLC, 241 Ga. App. 379, 527 S.E.2d 212 (1999). Brokerage service account owner’s assignee’s claims against the service that it had unlawfully allowed disbursement of the funds in the account, pursuant to a garnishment judgment, after the owner had sought to close the account, were barred by res judicata under O.C.G.A. 9-12-40 § 9-12-40 since it was noted that the owner had filed a traverse in the garnishment proceeding and, accordingly, the owner could have raised the same issues at that time, pursuant to O.C.G.A. § 18-4-93. The owner, as the debtor in the garnishment proceeding, was required to assert any claim that the owner’s right to the funds was superior to that of the judgment creditor, pursuant to O.C.G.A. § 18-4-95. Lamb v.