Frankie G. Munn v. Sandra M. Phillips - Dissenting
Syllabus
The majority holds that a remand to the trial court is necessary \[b]ecause the trial court failed to make specific findings of fact and conclusions of law regarding the applicability of any res judicata defense . . . .\ (Italics in original.) I believe the record in this case clearly shows that the claim of the appellee Frankie G. Munn is barred by the doctrine of res judicata. Hence, I see no need for a remand.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that the district court abused its discretion when it refused to consider unsworn expert reports at summary judgment
- “[E]vidence submitted to support or dispute a fact on summary judgment . . . may be presented in a form that would not, in itself, be admissible at trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Charles D. Susano, Jr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.