Philpot v. Minton

PALMORE, Judge.

This case involves the same subject matter, but additional named defendants, as the earlier lawsuit brought by the plaintiffs in 1956 and terminated by an unqualified order of dismissal entered on June 4, 1957. We need not consider whether, under the particular circumstances, the non-identity of parties defendant would be fatal to the plea of res judicata, as the defense must nevertheless be denied because it was not shown that the dismissal was an adjudication on the merits. See Blevins v. Johnson, Ky., 344 S.W.2d 375 (1961).

Unless otherwise specified in the order, (1) a…