First Bank v. District Court for the Fourth Judicial District

This is an original proceeding. Applicants seek a writ of supervisory control vacating the Fourth Judicial District’s denial of First Bank’s motion to dismiss an action filed by Bessie, Lee and Rick Stott and All West Equipment, plaintiffs in the court below. The Stotts filed their action alleging fraud, misrepresentation and breach of the duty of good faith and fair dealing against First Bank. First Bank filed a motion to dismiss on the grounds that the Stotts’ action was barred by the doctrine of res judicata, the compulsory counterclaim rule, and the statute of limitations. The District…