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Brixmor/IA Northeast Plaza LLC. v. Sublet Atlanta Realty

Court Reverses Dismissal of Intruder Warrant Application in Lease Dispute

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Barnes, Presiding Judge.Brixmor/IA Northeast Plaza, LLC appeals from the superior court’s order dismissing its pending action for an intruder warrant against Sublet Atlanta Realty, LLC d/b/a Lava Spa (hereinafter “Sublet”). Brixmor asserts that the superior court erred when it relied on a prior pending action in magistrate court to dismiss the intruder warrant action. Following our review, and finding that dismissal was not warranted under the prior pending action doctrine, we reverse.    We conduct a de novo review of a superior court’s order dismissing a case based upon the prior pending action doctrine. Brock v. C & M Motors, 337 Ga. App. 288, 290 (1) (787 SE2d 259) (2016). OCGA § 9-2-5 (a) provides:No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter.

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