Stripling v. Farmers & Merchants Bank

Carley, Judge.

Appellant-plaintiff filed a multi-count complaint against appellee-defendant. Appellee answered and raised, among other defenses, the affirmative defense of res judicata. Based upon its res judicata defense, appellee subsequently filed a motion to dismiss. After conducting a hearing on appellant’s motion, the trial court, in effect, granted summary judgment in favor of appellee. Appellant appeals.

The evidence of record demonstrates that, prior to appellant’s initiation of this suit, appellee had sued appellant on a promissory note and had obtained a judgment by default against…