Scheidel v. Lister

Opinion

LEWIS, J.

Francis X. Scheidel, Jr. (Scheidel), appeals a summary judgment in favor of Keith Lister and Lister Investment Co., Ltd. (Lister), on Scheidel’s action seeking to establish a prescriptive easement over property that was sold free and clear of all liens and encumbrances in a bankruptcy judgment which is final. The trial court’s ruling was made on the basis that the order of the bankruptcy court selling the property “free and clear” bars Scheidel’s action under principles of res judicata. We hold principles of res judicata are inapplicable and we reverse.

Scheidel lays claim to a…