Shuck v. Bank of America, NA

How courts have described this case

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

• holding that res judicata did not apply to dismissal with prejudice of premature claim because it was not an adjudication on the merits
• holding that the proper remedy for bringing an action prematurely is not dismissal with prejudice, but abatement or stay of the claim
• holding that when “the mere passage of time is not sufficient to cure the premature element of the action” dismissal is appropriate course
• discussing circumstances when premature suits should be either abated or dismissed without prejudice
• “If a decedent breaches a contract to make a will, the right being enforced is a contract right.”
• “When abatement of a prematurely filed action is not appropriate, we think the better course is for the trial court to dismiss the action without prejudice instead of with prejudice.”

Source: CourtListener parenthetical corpus (CC0).