Lauber-Clayton, LLC v. Novus Properties Co.

LAWRENCE E. MOONEY, Presiding Judge.

In this action for damages and attorneys’ fees, stemming from a real-estate transaction, Lauber-Clayton, LLC, appeals the trial court’s entry of summary judgment in favor of defendant Novus Properties Company on res judicata grounds. Comparing the present litigation to the prior litigation, we find no identity of parties because the parties in the present litigation did not adjudicate anything between themselves in the prior litigation. Therefore, we hold that res judicata does not preclude Lauber-Clayton from bringing the present suit. Thus, we reverse the…