Creech v. Addington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that two suits shall be deemed the same “cause of action” for purposes of res judicata where they arise out of the same transaction
• holding that in knowingly acquiescing to a jury instruction involving only a single theory of the case, the plaintiff waived “any claim” under a different theory of liability
• stating that the plaintiffs’ decision to forgo a judgment pertaining to the remaining defendants makes the judgment related to those defendants final and non-appealable
• holding, in part, “[a]s a general rule, a trial court’s judgment becomes final thirty days after its entry unless a party files a timely notice of appeal or specified post-trial motion”
• noting that Tennessee and a minority of jurisdictions follow the rule that a judgment is not final and res judicata cannot apply while an appeal of the other case is pending
• noting that “an order granting a motion to dismiss for failure to state a claim upon which relief can be granted under Tennessee Rule of Civil Procedure 12.02(6) is an adjudication on the merits”

Source: CourtListener parenthetical corpus (CC0).