<HELP>...please NEIGHBOR FLOODS TOWNHOME

Georgia.

Hello, I am helping out a relative on this-She owns the townhouse and rents to a tenant.

The tenant went out of town and she received a call that water was coming from the neighbors house. Her real estate agent went to the house and opened the door and water came gushing out. He (real estate agent) noticed (and testified that) there was a steady stream of water coming from next door (townhouse is on a grade). We took pictures of damages etc.

- townhome is fee simple
- no association
-neighbors insurance paid out approx 17k on her house
-my relative had no insurance.
- neighbor told my mom, her pipes burst due to (freezing temp) while she (neighbor) was out of town


We went to small claims court and the judge said that we did not prove negligence on part of neighbor. ( neighbor brought lawyer paid for by insurance company ) . Should we sue for tresspass and nuissance. Any suggestions ? Should we appeal, sue in superior court, send interrog and subpoena insurance documents ?

Unless you have grounds for appeal, you are all finished. You had one chance to sue for all claims related to the incident.

Google "Res Judicata" for more information.

Stevef said:

Unless you have grounds for appeal, you are all finished. You had one chance to sue for all claims related to the incident.

Google "Res Judicata" for more information.

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Not in Georgia. Either party in a magistrate (small claims) court in Georgia can appeal the decision. In that case the case is heard de novo in the state or superior court.

Not smart - having no insurance. expensive lesson learned

appeal

yes i understand de novo, but does this have to be appealled within 30 days. or can i just re file in superior anytime - within statute of limitations?

LessthanAjc said:

yes i understand de novo, but does this have to be appealled within 30 days. or can i just re file in superior anytime - within statute of limitations?

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Unless a small claims decision that's not appealed has no res judicata effect, then you're still barred by res judicata.

I doubt that there is such a rule because it would be horribly inefficient to have a small claims decision mean essentially nothing. The point of a de novo appeal is merely to ensure that a more sophisticated court isn't limited by a stupid decision below to "clear error" or "abuse of discretion".