Eberly v. Balducci

BISHOP, Judge.

Henry and Delores Eberly (the mortgagors), appeal an order of the Circuit Court for Prince George’s County (Robert Mason, J.) which dismissed their petition for “Ex Parte and/or Interlocutory Injunction” to prohibit a deed of trust foreclosure action on the ground that the injunction was barred by the doctrine of res judicata. The basis of this holding was our February 15, 1983, unreported decision in Balducci v. Eberly, No. 822, September Term, 1982 (filed February 15, 1983) 1 which reversed and vacated a Circuit Court order enjoining foreclosure on the deed of trust. Appellee…