Matternas v. Stehman

FORD ELLIOTT, Judge:

Appellants come before us challenging the entry of summary judgment in their action in assumpsit. The basis for the granting of appellee’s motion for summary judgment was that the matter complained of in appellants’ assumpsit action had already been decided by judicial determination and was thus barred by res judicata. We do not agree that res judicata applies instantly, nor do we believe that appellants are collaterally estopped from pursuing the issues raised by their lawsuit. Therefore, we shall vacate the order of the trial court and remand for a trial in this matter.

Ap…