Deutsche Bank v. Kevin Pinette

¶ 1. Plaintiff Deutsche Bank National Trust Company (lender), as trustee, appeals from the decision of the Caledonia Superior Court granting defendant Kevin Pinette’s (borrower) motion to dismiss. The superior court dismissed lender’s claims for mortgage foreclosure, the unpaid balance on a promissory note, and a deficiency judgment on the ground that they were barred by claim preclusion, as lender had previously instituted an identical action against borrower in 2013, which had been dismissed for failure to prosecute. On appeal, lender argues that because the 2013 action did not actually…