Solarana v. Industrial Electronics, Inc.

OPINION OF THE COURT BY

LEWIS, J.

Plaintiff’s action was dismissed with prejudice on defendant’s motion on the ground that the doctrine of res judicata applied by reason of the dismissal of a prior action.

The prior action was dismissed at the close of plaintiff’s case on the ground of insufficiency of the evidence. Since the court did not specify otherwise, the dismissal operated “as an adjudication upon the merits.” H.R.C.P., Rule 41 (b). Pursuant to the requirements of the rule the court made findings, the only pertinent portion being the following:

“From the evidence adduced by plaintiff, the…