Finality and Appellate Review

Question 1

What is the Finality Rule?

Answer 1

Parties, but only parties, are barred or estopped from relitigating claims or issues that they have already litigated to a final judgment on the merits. Unlike in federal court, in Georgia, nonparties cannot use prior findings offensively against parties.

Question 2

What is res judicata?

Answer 2

Claim preclusion: claim which has been fully and fairly litigated to a final judgment on the merits cannot be relitigated by the parties.

Question 3

What is collateral estoppel?

Answer 3

Issue preclusion: issue which has been fully and fairly litigated as part of a final judgment on the merits cannot be relitigated by the parties.

Question 4

What may appellate courts review?

Answer 4

Only final orders; except they may also review any order granting, denying, or changing an injunction or involving a receiver may be appealed as of right.

Also may review orders regarding summary judgment, accounting, or extraordinary relief like mandamus,