Hale v. Ault

I dissent.

By ignoring the effect of the Hales’ two tenders and the finding in the original forcible entry and detainer action that the Hales were not in default, the majority unnecessarily prolongs this cycle of litigation and prevents its decision here, Hale III, from being Hale the Last.

This court determined in Hale II that the trial court’s order in that first forcible entry and detainer action brought by the Hales against the Aults is immune from collateral attack and therefore remains the law of the case. In that order the trial judge found the sole question to be whether the Hales had…