· 11/16/2012
Jeanette Rea Jackson v. Bradley Smith
Citations
- 387 S.W.3d 486
- 2012 WL 5828612
- 2012 Tenn. LEXIS 812
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an essential element of res judicata is “that the underlying judgment was final and on the merits”
- holding that res judicata could be applied even in the absence of the subject order when the party against whom the doctrine was raised conceded to the finality of the prior order
- explaining that in order for res judicata to be properly raised in a defendant’s motion to dismiss, “the plaintiff’s own allegations in the complaint must show that an affirmative defense exists and that this defense legally defeats the claim for relief.”
- requiring judgment on the merits as an essential element of res judicata
- “The doctrine of res judicata or claim preclusion bars a second suit between the same parties or their privies on the same claim with respect to all issues which were, or could have been, litigated in the former suit.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Koch, Wade, Holder, Clark, Lee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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