Kellogg v. Green

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The Supreme Court reversed the ruling of the circuit court sustaining the a plea of res judicata and dismissing this breach of contract action.In his plea of res judicata, Defendant argued that Plaintiff was barred from bringing the contract action because she had sought identical relief in a show cause petition in a divorce action, which was still pending, and the circuit court had dismissed that petition in the show cause order, which Defendant argued was a final order. The circuit court sustained Defendant’s plea and dismissed the contract action. The Supreme Court reversed, holding that there was no final order regarding the claim that Defendant was attempting to preclude by his assertion of res judicata, and therefore, res judicata did not bar Plaintiff’s contract action. View "Kellogg v. Green" on Justia Law