King v. Grindstaff

MOORE, Justice.

The sole question presented on this appeal is whether the trial court erred in allowing plaintiff’s motion for summary judgment based on his plea of res judicata, leaving only the issue of damages for trial.

Res judicata deals with the effect of a former judgment in favor of a party upon a subsequent attempt by the other party to relitigate the same cause of action. In Masters v. Dunstan, 256 N.C. 520, 124 S.E. 2d 574 (1962), this Court stated:

“ ‘It is fundamental that a final judgment, rendered on the merits, by a court of competent jurisdiction, is conclusive of rights,…