Legal Opinion

Phillips v. Montoya

Court of Civil Appeals of Alabama

Decided October 27, 2017No. 2160600PublishedCited by 4 opinions

1Opinion of the Court

MOORE, Judge.

*440Ivan Phillips appeals from a summary judgment entered by the Shelby Circuit Court ("the circuit court"), concluding that his claims against Nick Montoya were barred by the doctrine of res judicata. We affirm the circuit court's judgment.

Facts and Procedural History

On September 29, 2016, Phillips filed in the circuit court a complaint against Montoya, alleging claims of negligence, wantonness, breach of contract, misrepresentation, breach of express warranty, breach of implied warranty, and slander of title ("the circuit-court action"). Phillips attached several exhibits to his…

Also in this document: Dissent.

2Cases cited36 opinions

  1. North East Independent School District v. AldridgeTexas Supreme Court · 1966
  2. Teer v. DuddlestenTexas Supreme Court · 1984
  3. Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.Supreme Court of Alabama · 1988
  4. Houston Health Clubs, Inc. v. First Court of AppealsTexas Supreme Court · 1986
  5. Equity Resources Management, Inc. v. VinsonSupreme Court of Alabama · 1998

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3Cited by4 opinions

  1. City of Fairfield v. Smoot Investments, Inc.District Court, N.D. Alabama · 2026
  2. Payne v. BallUnited States Bankruptcy Court, M.D. Alabama · 2024
  3. Rafael Alvarez-Valencia v. Drug Enforcement AdministrationDistrict Court, M.D. Alabama · 2026
  4. Watkins v. Lanier Lakes Homeowners Association IncDistrict Court, N.D. Alabama · 2025

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