Supreme Court of Georgia, 1988

Halligan v. Consolidated Management Services, Inc.

Supreme Court of Georgia · Decided July 29, 1988 · No. 45742 · Hunt

369 S.E.2d 745; 258 Ga. 471 (South Eastern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Avila v. Long (United States Bankruptcy Court, N.D. Georgia 2020)
CDT, Inc. v. Addison, Roberts & Ludwig, C.P.A., P.C. (Ariz. Ct. App. 2000)
In the Interest of B. G. (Ga. Ct. App. 1997)
Fincher v. Holt (In re Holt) (United States Bankruptcy Court, M.D. Georgia 1994)
Morton v. McCoy (Ga. Ct. App. 1992)
Hyman v. Jordan (Ga. Ct. App. 1991)
Strickland v. DeKalb Hospital Authority (Ga. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per curiam.

We affirm the Court of Appeals’ reversal of a summary judgment granted to the defendant. Consolidated Management sued Halligan and his firm of certified public accountants for negligent tax return preparation. Halligan moved for summary judgment after offering in evidence the conviction of the owner of Consolidated Management for income tax fraud and the trial court granted the motion. Consolidated Management Services, Inc. v. Halligan, 186 Ga. App. 621 (368 SE2d 148) (1988).

We interpret the Court of Appeals’ holding to say that a party’s conviction in a criminal action does not constitute a bar to that party’s prosecuting a civil action involving the same subject matter. In essence, the Court of Appeals held the conviction does not amount to collateral estoppel. Because we attach no broader implications to the holding, we affirm.

Judgment affirmed.

All the Justices concur, except Hunt, J., not participating. *472 Decided July 6, 1988 Reconsideration July 29, 1988. Kutak, Rock & Campbell, Frank A. Lightmas, Jr., Robert H. Putnam, Jr., for appellants. Miller, Simpson & Tatum, John M. Tatum, William F. Hinesley III, Brannen, Wessels & Searcy, David R. Smith, for appellees.

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