T.R. v. A.W. Ex Rel. Pearson

Although my sentiment supports the majority reaction to this appeal, my understanding of Indiana's position concerning the doctrine of res judicata requires me to dissent. Central to our disagreement, however, is the majority's assumed conclusion that the mother's original action was brought strictly in a representative capacity. I believe it clear under the prior statute that the mother had a substantial interest of her own in the proceeding, an inter*98est that was not necessarily and solely identical with the interests of her child. Clearly under Indiana law the child was not in privity with…