Sprinkle ex rel. Philyaw v. Edwards

I concur in the opinion of the Court. I write specially to address that aspect of the dissenting opinion of Chief Justice Moore dealing with the Court’s affirmance of the trial court’s dismissal of Sprinkle’s claim based upon the doctrine of res judi-cata.

The Chief Justice relies upon the concurring opinion of Judge Lasker in McLearn v. Cowen & Co., 660 F.2d 845, 851 (2d Cir.1981) (“Where the district court, on the pleadings, dismisses a complaint containing both state and federal claims and fails to indicate whether the state claims are being dismissed on the merits, however, the most useful…