Legal Opinion
Rogers v. Colonial Federal Savings & Loan Ass'n
Michigan Supreme Court
Decided February 8, 1979No. 58657, (Calendar No. 3)PublishedCited by 33 opinions
1Opinion of the CourtWilliams, J.
The sole issue on which this Court granted leave to appeal is whether a voluntary dismissal with prejudice of a prior suit which failed to state a cause of action under state law precludes, under the doctrine of res judicata and/ or GCR 1963, 203.1, a plaintiff from bringing a second suit based on an alleged violation of the Federal Truth-in-Lending Act.
We find that plaintiff is not so precluded.
I. Facts
In 1972, plaintiff deeded her home to Louis Tibolla as security in connection with an agree*614ment by Tibolla to repair plaintiffs home after a fire. The conveyance itself was intended as a down…
2Cases cited11 opinions
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Gursten v. KenneyMichigan Supreme Court · 1965
- Prawdzik v. Heidema Brothers, Inc.Michigan Supreme Court · 1958
- Clements v. ConstantineMichigan Supreme Court · 1955
- Shank v. CastleMichigan Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gose v. Monroe Auto Equipment Co.Michigan Supreme Court · 1980
- Washington v. Sinai Hosp. of Greater DetroitMichigan Supreme Court · 2007
- City Communications, Inc. v. The City of Detroit Barden Cable-Vision and MacLeanCourt of Appeals for the Sixth Circuit · 1989
- Dubuc v. Green Oak TownshipCourt of Appeals for the Sixth Circuit · 2002
- Board of County Road Commissioners v. SchultzMichigan Court of Appeals · 1994
28 more not listed; retrieve them via the Exa API.