Berwald v. Ratliff

Allen and Shirley Berwald appeal from an order of the circuit court dismissing their petition for damages against Edgar Ratliff. In their sole point, appellants argue that the trial court erred in its dismissal of their petition because the doctrines of res judicata and collateral estoppel are inapplicable to the present case. Affirmed.

Boatmen’s Bank originally filed suit against appellants on August 20, 1986, to recover the balance, interest and attorney’s fees due on a promissory note. Appellants counterclaimed alleging prima facie tort. The jury returned a verdict in favor of Boatmen’s on…