Ballance v. Dunn

COZORT, Judge.

Plaintiffs appeal from an order granting defendants’ motion for summary judgment. We affirm.

I

This case involved two legal actions alleging trespass to land claimed by the plaintiffs. In the second action (No. 86CVD44), the defendants, citing the judgment in the first action (No. 84CVD41), pled res judicata as an affirmative defense and moved for summary judgment, which the trial court granted. To understand the court’s ruling it is necessary to review the procedural history of both actions in some detail.

The parcel of land at issue, approximately 255 feet in length and 25 feet…