Patrick V. Koepke Construction, Inc. v. Woodsage Construction Co.

KATHIANNE KNAUP CRANE, Judge.

Plaintiff appeals from the judgment denying its motion for a creditor’s bill to enforce a consent judgment on the grounds that it was barred by res judicata in that a judgment against plaintiff had been entered in another lawsuit between the same parties on the same issue in another division of the circuit court.1 Plaintiff contends that the trial court erred in sua sponte entering judgment on that ground without giving him an opportunity to be heard because res judicata had not been raised in the motion to dismiss then pending before the court. We affirm.

In 1993…