Ludovici v. McKiness

BASKIN, Judge.

In 1986, Philip Ludovici filed an action for past due rent against Stephen McKiness. When Ludovici did not appear for trial, the trial court entered two orders: an order of dismissal without prejudice, and a final order of involuntary dismissal. The orders were signed and filed on the same day.1 Neither party sought any post-judgment relief. In 1988, Ludovici refiled the same action for past due rent. The trial court granted McKiness’s motion to dismiss, ruling that res judicata barred the 1988 action. The court entered an Order Dismissing Plaintiffs Complaint with Prejudice.2…