Danny E. Gilliam v. Frances A. Blankenbecler

Syllabus

This case involves the dismissal, on the basis of res judicata, of the plaintiff Danny Gilliam's breach of contract case against the defendant Frances Blankenbecler. In an earlier case involving the same parties, the trial court dismissed the plaintiff's complaint based upon his failure to comply with the court's order to provide discovery responses. The order of dismissal in that first case did not state whether the dismissal was with or without prejudice. After the plaintiff refiled the same case, the trial court dismissed the case on the basis of res judicata. The plaintiff appeals. We affirm.