Cowan v. Kanuch

TERRI F. LOVE, Judge.

| Nancy Cowan (“Ms. Cowan”) appeals the trial court’s judgment granting an exception of res judicata and dismissing her claims against J. Richard Kanueh (“Mr. Kanueh”) with prejudice. We find the doctrine of res judicata does not apply where the petitioner’s claims have never been settled, litigated, or adjudicated. For the reasons set forth below, the trial court’s judgment granting Mr. Kanuch’s exception on the basis of res judicata is reversed and the case is remanded for further proceedings in accordance with this opinion.

PROCEDURAL AND FACTUAL BACKGROUND

The present…