Sampson County ex rel. Child Support Enforcement Agency v. Stevens

WELLS, Judge.

Plaintiff assigns as error the trial court’s dismissal of plaintiffs complaint on the grounds of res judicata. “ ‘Res judicata deals with the effect of a former judgment in favor of a party upon a subsequent attempt by the other, party to relitigate the same cause of action. . . .’ ” State v. Lewis, 311 N.C. 727, 319 S.E. 2d 145 (1984) (quoting King v. Grindstaff, 284 N.C. 348, 200 S.E. 2d 799 (1973)). In Masters v. Dunstan, 256 N.C. 520, 124 S.E. 2d 574 (1962), our Supreme Court stated:

An estoppel by judgment arises when there has been a final judgment or decree, necessarily…