Clark v. Kinsey

LISA S. VAN AMBURG, Judge.

INTRODUCTION

Russell Clark and Bart Mantia appeal from the judgment of the trial court granting Gregory Kinsey’s motion for summary judgment asserting Clark’s and Mantia’s claims were barred on the basis of res judicata. We reverse and remand.1

FACTUAL AND PROCEDURAL BACKGROUND

On July 19, 2007, Clark, Mantia, and Kinsey formed a corporation known as Three Wine Guys, Inc. On July 20, 2009, Clark filed an action against Kinsey in small claims court alleging damages due to a breach of a shareholder’s agreement in the amount of $2,800.00. Thereafter, Kinsey filed a…