The appellee filed his defensive pleadings providing among his defenses that a dismissal in a prior action between the parties based upon the appellant's wilful refusal to make discovery had operated as an adjudication upon the merits by virtue of the dismissal being an involuntary one under Code Ann. 81A-141 (b) (Ga. L. 1966, pp. 609, 653), and that the issues before the court were therefore res judicata. A copy of the previous order of dismissal was attached to appellee's defensive pleadings.
Subsequent to the filing of the answer the appellee filed a motion to dismiss which was granted. It was from that order that an appeal was taken. Held:
2. The appellant has made a motion in this court that the entire record of Civil Action No. 6940 in the Superior Court of Colquitt County be added to the record in this case. The record requested was the action in which the judgment was entered upon which the appellee relies as being res judicata as to the present case.
The record of Case No. 6940 not having been included in the record of the present case in the superior court, this court will not go beyond the record and have additional outside material transmitted to this court.