Legal Opinion · Dissent

Cook v. Wozniak

Indiana Court of Appeals

Decided November 24, 1986No. 3-885A207Published

1Dissent

STATON, Presiding Judge.

I dissent from the Majority since they have re-drafted the rule to include a concept never contemplated by the original drafters of the rule. They have re-drafted Small Claims Rule 11(F) to read as follows:

A judgment shall be res judicata only as to the issue involved in the particular action and shall not be considered an adjudication of any other issue in any other action or court.

The actual text of the Rule reads as follows:

"Effect of Judgment. A judgment shall be res judicata only as to the amount involved in the particular action and shall not be considered an…

2Cases cited1 opinion

  1. Auster v. Princess Fabrics, Inc.City of New York Municipal Court · 1940

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