Bachman v. Bachman

KATHIANNE KNAUP CRANE, Judge.

After her petition was dismissed without prejudice for failure to state a claim, plaintiff filed virtually the identical petition in a new action under a new case number. The trial court dismissed the new action with prejudice on the grounds that the prior dismissal was res judicata. Plaintiff appeals on the grounds that a dismissal without prejudice is not res judicata of an action which is refiled. We affirm for the reason that the issue of whether the allegations contained in the first petition stated a cause of action had been litigated and determined in the…