Legal Opinion

Cook v. Wozniak

Indiana Court of Appeals

Decided November 24, 1986No. 3-885A207PublishedCited by 6 opinions

1Opinion of the Court

GARRARD, Judge.

In this interlocutory appeal we are asked to determine the effect of Small Claims Rule 11(F), which provides:

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

The appellees having elected to file no brief, we accept appellant Cook's statement of the facts upon which the issue arises.

On October 11, 1983 an automobile collision occurred between vehicles driven by Cook and Nancy Wozniak. Wozniaks commenced an action against Cook in the Small Claims…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Town of Flora v. Indiana Service Corp.Indiana Supreme Court · 1944
  2. South Bend Federation of Teachers v. National Education Ass'n-South BendIndiana Court of Appeals · 1979
  3. Supreme Burglar Alarm Corp. v. MasonAppellate Terms of the Supreme Court of New York · 1953

3Cited by6 opinions

  1. Janet Freels v. James F. Koches and Sunset Builders, Inc.Indiana Court of Appeals · 2018
  2. Johnson v. AndersonIndiana Court of Appeals · 1992
  3. Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna GrahamIndiana Court of Appeals · 2014
  4. In Re AultIndiana Supreme Court · 2000
  5. Cook v. WozniakIndiana Supreme Court · 1987

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