McElroy v. Kennedy

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Albert Kennedy sued Brandywyn ("Bryn") MeElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judi-cata should have acted as a bar to relitigation of the restitution issue, we reverse the superior court's denial of her motion to dismiss. It is therefore unnecessary to reach the superior…