Casualty Reciprocal Exchange v. Fazio Enterprises, Inc.

This is an appeal by the plaintiff from the trial court’s allowance of the defendant’s Dist./Mun. Cts. R. Civ. P., Rule 12®) (6) motion for dismissal on the ground of res judicata, and for sanctions. The report states that the issue presented for appellate consideration is:

whether a judgment dismissing a case pursuant to Rule37®) (2) forplaintiffs failure to comply with a court order is a binding judgment on the merits which precludes a subsequent action on the same claim for the same relief.

There is no dispute as to the salient facts. The parties agree that on May 23,1989, the…