CIVIL PROCEDURE – Res judicata: Clemmer v. Rowan Water, Inc. (COA 1/23/2009)

Clemmer v. Rowan Water, Inc.
2009 WL 152867
Opinion by Senior Judge Guidugli; Chief Judge Combs and Judge Stumbo concurred.

The Court reversed and remanded a partial summary judgment in favor of appellee concluding that appellants’ claims for trespass, nuisance, and fraud were barred by the doctrine of res judicata. The Court held that a federal court order dismissing the claims for lack of subject matter jurisdiction did not preclude relitigation of the same claims in state court because there was no adjudication in federal court on the merits of the claims.

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