Norwine v. Norwine

KENNETH W. SHRUM, Presiding Judge.

The question here is whether the trial court erred when it dismissed Plaintiffs two-count petition (which sounded in fraud) based on Defendants’ argument that it was barred by the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion). To answer that question, we must decide if a summary judgment entered in June 2000 (which was reversed on appeal) involved the fraud claims or fraud issues that Defendants now argue should be precluded. On this record, we answer, “No.” The judgment dismissing Plaintiffs suit based on the…