Gutman v. Giordano

How courts have described this case

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

• concluding that order was “without prejudice” even though order did not explicitly include those words, where trial court did not treat it as “with prejudice”
• Lamp requirement satisfied where plaintiff followed correct procedure in obtaining writ and made good-faith service attempts at defendant's place of employment
• “when an action is dismissed with prejudice for failure to prosecute a claim, . . . it is not an adjudication on the merits”
• Lamp requirement satisfied where plaintiff followed correct procedure in obtaining writ and made good-faith service attempts at defendant’s place of employment
• non pros judgment for failure to answer a trial listing is not an adjudication on the merits and may not form the basis for application of res judicata
• “[A] non pros for failure to answer a trial listing is not an adjudication on the merits and thus may not form the basis for application of res judicata.”

Source: CourtListener parenthetical corpus (CC0).