Kepler v. Slade

OPINION

MINZNER, Justice.

Plaintiff-Appellant Oliver Kepler (Kepler) appeals the trial court’s order entering summary judgment in favor of Defendant-Appellee Wendy Slade (Slade). The sole issue on appeal is whether an earlier foreclosure action, in which both Kepler and Slade were defendants, bars Kepler from instituting a separate action against Slade to recover on a personal note, which Slade executed in conjunction with a deed of trust on the foreclosed property. We hold that under the doctrine of res judicata, a judgment in a prior foreclosure action does not bar a subsequent lawsuit to…