Res Judicata: GARDNER V. ISAACS (COA; 5/26/2006)

GARDNER V. ISAACS
CIVIL PROCEDURE: SUMMARY JUDGMENT ISSUED IN ERROR DOES NOT INVOKE RES JUDICATA
2005-CA-000133
PUBLISHED 
REVERSING AND REMANDING; (JOHNSON)
DATE:  5/26/2006

When trial court granted summary judgment that the CAs eventually reversed on direct appeal, that judgment is treated as though it never existed, and it cannot be cited as grounds for res judicata by an opposing party. CAs also addressed rules concerning splitting causes of action (plaintiffs are permitted to bring a subsequent action based on the same transaction or facts as a prior action as long as the second cause of action is separate and distinct).

Digested, C. Henault

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