affirming grant of summary judgment in favor of defendant because plaintiffs' claims barred by res judicata
How later courts described this case
- affirming grant of summary judgment in favor of defendant because plaintiffs' claims barred by res judicata
Written by the judges who cited it.
The opinion
HUDSON, J.,
concurring in result.
Although I concur in the result here, I am not persuaded that res judicata applies to this scenario. None of the cases cited involve a case where the defendant in a civil case was barred by res judicata even though (1) he had no opportunity to be heard on his defense in an earlier case because (2) the plaintiff took a voluntary dismissal with prejudice, resulting in an adjudication on the merits against— rather than in favor of — the plaintiff. I would address and uphold the constitutionality of the fee.