Property Exchange & Sales, Inc. v. King

CRANE, Judge.

This appeal involves the issue of whether a prior judgment dismissing the same cause of action with prejudice for failure to be represented by a licensed attorney precludes a subsequent action because of the doctrines of res judicata or collateral estop-pel. We hold that, where there was no adjudication on the merits in the prior action, the doctrines of res judicata and collateral estoppel do not bar a subsequent action.

The litigation leading to this appeal involves Property Exchange & Sales, Inc.’s claim for a return of a security deposit from the defendants. After amendment,…