McCabe v. Lundell , 199 Ga. App. 639 ( 1991 )

Beasley, Judge,

concurring in part and dissenting in part.

I concur in Divisions 1 and 3. However, the presence of the attorney as a joint tortfeasor is required for the granting of “complete relief” to McCabe. Although, as the majority states, it is not required that all joint tortfeasors be joined in a single suit, they should be added under OCGA § 9-11-13 (h) when it is requested and they can be served, in order for there to be complete relief to a wronged party. As quoted in Stein v. Burgamy, 150 Ga. App. 860, 861 (3) (258 SE2d 684) (1979): “ ‘This provision “complete relief” embraces the desirability of avoiding repetitive lawsuits on essentially the same facts or subject matter, as well as the desirability of joining those in whose absence there might be a grant of hollow or partial relief to the parties before the court.’ [Cit.]”

In Stein, the bank officer was being added individually to the counterclaim against the bank because “ ‘directors or officers of a corporation are liable for their fraudulent acts and representations to persons who are injured thereby.’ ” In Co-op Mtg. Investments &c. v. Pendley, 134 Ga. App. 236 (1) (214 SE2d 572) (1975), the case quoted in Stein, joinder of the general partner with the limited partnership was necessary to give complete relief, i.e., to reach the assets of the general partner. Otherwise there is just a “judicial juggle,” said the court.

Decided January 10, 1991 Rehearings denied March 25, 1991 and May 3, 1991 Donald A. Weissman, Douglas H. Pike, for appellant. Glen A. Garrett, Richard L. Moore, Rebecca S. Walton-McFalls, for appellee.

The same obtains here, where there is an alleged joint tortfeasor, and the “desirabilities” expressed in Co-op as the philosophy underlying the requirement have waxed stronger since 1979 instead of waning. Not only the increasing caseload in the courts and increasing costs of lawsuits to courts and litigants, but also the spirit of the intervening constitutional provision requiring court rules which provide for “the speedy, efficient, and inexpensive resolution of disputes” support this. 1983 Ga. Const., Art. VI, Sec. IX, Par. I.