Jefferson County v. Richards

The elements of the doctrine of res judicata have been precisely set out by this Court in Wheeler v. First AlabamaBank of Birmingham, 364 So.2d 1190, 1199 (Ala. 1978), where this Court said:

"The elements of res judicata are as follows: (1) prior judgment rendered by court of competent jurisdiction; (2) prior judgment rendered on the merits; (3) parties to both suits substantially identical; and (4) same cause of action present in both suits."

See also Dominey v. Mathison, 292 Ala. 293, 293 So.2d 472 (1974), and my dissenting opinion in Century 21 PreferredProperties, Inc. v. Alabama Real…