Sides v. Kirchoff

Steele Hays, Justice.

Donald Sides filed this cause of action in the Hot Spring Circuit Court seeking damages of $30,000 against Marvin Kirchoff for breach of a lease agreement affecting real property in Mississippi.

Marvin Kirchoff moved for summary judgment and, alternatively, for dismissal upon allegations that any cause of action was barred on grounds of res judicata and election of remedies. The motion stated the “complaint has been previously tried and reduced to judgment” in Mississippi and the filing in Mississippi “constitutes res judicata even if personal service was not perfected.”

Don…