Gerhardt v. Miller

WEIER, Presiding Judge.

This is an appeal by plaintiffs from a judgment of the trial court sustaining a motion to dismiss their petition on the basis of the doctrine of res adjudicata. We affirm the action of the trial court.

The petition, which suffered an early demise by reason of the action of the trial court, was filed by four plaintiffs, Ernest C. Gerhardt, Ronald F. Gerhardt, Donald Koch (also known as Don Merle Koch), and Lois Koch, against defendants Frank A. Miller, Jr. and Miller-Scheer Realty and Insurance Company. Each of the plaintiffs in separate but identical counts alleged that…