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I dismissed a dissolution case in AZ with prejudice and it was granted over objection, does resjudicata apply?

Carlsbad, CA |

The trial got reset or was going to be reset due to misconduct and invalid custody orders made in a foreign state. I got the courts of each state to hold a UCCJEA conference but I put my motion before the AZ court at the same time just in case because the trial was weeks away. The judges held conference and converted final trial to status conference to discuss positions. I stated to sustain my motion to dismiss with prej as it was presented. spouse objected, judge overruled the objection and the minute entry states my motion granted over objection. Case dismissed - Full

The reason I sustained the motion even after getting the courts to confer that AZ was home state and my judge would modify the foreign order hence reset the trial was due to me moving to the foreign state to file a set aside/vacate for lack of personal/subject matter jurisdiction. My adversary is playing crazy games and hiding in fear of their wrong doing so I felt it be best suited for the children to not drag things on in AZ and come to the foreign state and establish order their for their sake.

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Attorney answers 3

Posted

Your matter very complicated and not suited for a quick answer in this forum. You need to seek out the help of a family law attorney.

I can't even tell from your question what you dismissed. It sounds almost you ended proceedings and are still legally married. Also, res judicata as to what issues? It doesn't sound like anything was ever decided by the court.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

Asker

Posted

Probably because you are a bankruptcy lawyer. It's a divorce case. I filed suit, with claims for damages or lack thereof. Adverse party filed answer... do I really need to explain what is involved in a divorce???

Asker

Posted

Quick law school refresher for you all... Jurisidcition. 4 legged table. Personal jurisdiction over both parties, subject matters and claims, compentent witness in support. A suit dismissed with prejudice means what? those damages can be sought again even if in the original case they were counter claims. The opposite would be true as well. Its the whole point of res judicata. If I am wrong tell me and cite the case law in support of your legal position. I used res judicata against a landlord once. He sued me and the case was dismissed. I sued him for damages relating from the first suit but werent counter claimed. He, in the second suit brought me sought the same damages as in the first suit he filed on me, I told the judge res judicata. He said "Ohhh... you are right" and my landlord got owned and I got my damages and he was estopped from even bringing suit for those damages. My spouse and I were both on th elease so that prick filed one more suit seeking the same damages on the same cliams, but he excluded me from the suit and he won. We still broke even because I figured he would do that crap and I sought the same amount he was to break even. It was the biggest waste of time ever spent.

Carl H Starrett II

Carl H Starrett II

Posted

A bankruptcy attorney necessarily need to know a lot about family law, so don't discount what I say just because you think I know less than I do. You posted the question in the wrong category and had tags that didn't really apply. I fixed that for you. Your question was and still is very vague. Without the pertinent facts, it is difficult to answer your questions. And considering that your new comment adds little information, I refer you to my original response: " Your matter very complicated and not suited for a quick answer in this forum. You need to seek out the help of a family law attorney. "

Asker

Posted

Your honor I object, relevance?

Carl H Starrett II

Carl H Starrett II

Posted

I don't need the law school refresher course. As I said before, go see an attorney. When a request for dismissal with prejudice is filed, the term “with prejudice” means the plaintiff’s right of action is terminated and may not be revived. (Roybal v. University Ford (1989) 207 Cal.App.3d 1080, 1086-1087; Torrey Pines Bank v. Superior Court (1989) 216 Cal.App.3d 813, 820-821.) It determines the issues in the case and precludes the dismissing party from litigating those matters a second time.

Carl H Starrett II

Carl H Starrett II

Posted

The relevance is that you asked what dismissal with prejudice meant. It means that that the case is over, you cannot refile it.

Asker

Posted

No kidding?? Why couldnt you just say that the first go around?? Come mister!! I ain't looking for conflict. I am looking for answers to the question. Here, this is my real if experience no matter amateur you deem it. I once sued a landlord over a damage I paid for to his house. In that suit he countered for misc BS damages. The Judge denied/dismissed his counter claim. I won on my pleadings/motion. My landlord brought a second suit. He asked for the same damages though he was the moving party. I said "Judge, res judicata" judge said "Oh you are right". Boom tough actin tanactin.. case got tossed/dismissed. So what I have I have been trying to figure out is and I can't find a clear definition under FRCP 13 is if when petitioner brings suit, and defendant counters claiming said damages that relate to subject matter in a court of competent jurisdiction. So for instance. I file suit claiming no alimony or child support payments after the final decree or final judgement of the case, defendant answers requesting the alimony and child support. petitioner then files for dismissal with prejudice and defendant argues and objects, judge determines that petitioner should be granted dismissal with prejudice (which the motion stated) over defendant's objection. I am honestly just looking for case law or a good solid answer on what that means because from I understand res judicata does apply to certain circumstances when both parties are litigating the same claims in the same forum. Regardless of which side they are on. So if I failed to sue for alimony and child support and the other party did but those claims got disposed of in a prior lawsuit, then does that mean the adversary can still bring a full dissolution lawsuit seeking the same damages as they coutered for in the original? The logic being if as you say I cant bring the same suit again, thought I believe i could sue for what I didnt seek in the first suit, alimony and child support, and then based on that the other party could then bring suit for dissolution as well, based on the logic that I can't sue for the same thing twice wouldn't that preclude me form asking for anything but the the things I didnt ask for on the counter claim for the second identical suit? Hey if I am sounding crazy or splitting hairs, I probably am but for good reason. I can't find anything clear cut case law wise ont his situation. I can't even find cases for divorce cases getting dismissed with prejudice without there being some sort of jurisdiction issue invovled which would rendered those proceedings void on their faces. So I don't really mean any disrespect but I have talked to lawyers and they seemed perplexed that I even filed a motion to dismiss the case with prejudice Here is the minute entry and the objection. Not sure if it matters. https://www.dropbox.com/s/zxi27vk5sj00idt/Michele%20Objection.pdf https://www.dropbox.com/s/vp81sex355htex4/Minute%20Entry%20Dismissal.pdf

Asker

Posted

this what i am going off of so correct me if i am wrong Counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. It is governed by many of the same rules that regulate the claims made by a plaintiff except that it is a part of the answer that the defendant produces in response to the plaintiff's complaint. In general a counterclaim must contain facts sufficient to support the granting of relief to the defendant if the facts are proved to be true. These facts may refer to the same event that gave rise to the plaintiff's Cause of Action or they may refer to an entirely different claim that the defendant has against the plaintiff. Where there is more than one party on a side, a counterclaim may be made by any defendant against any plaintiff or plaintiffs. According to the rules governing federal Civil Procedure, a defendant usually is required to make a counterclaim in an answer if the counterclaim arises from the same transaction or occurrence on which the plaintiff is suing. This is called a compulsory counterclaim because the claim must be made in response to the plaintiff's complaint and cannot be made later or in a separate lawsuit.

Asker

Posted

What if the case is adjudicated and dismissed? Answer: If it is dismissed, it is dismissed. What you need to find out is if it was dismissed WITH prejudice or WITHOUT prejudice. When a case is "adjudicated" it has been heard on its merits and any dismissal of such a case is necessarily WITH prejudice. Dismissals without prejudice are the result of some type of court procedural problem, like failure to make discovery, failure to file proper pleadings, etc. Those cases have been dismissed without an adjudication on the merits and may be refiled as long as the applicable statute of limitations has not expired. Once a case has been adjudicated; however, a dismissal is final and must be appealed or reopened under some other method such as by motion for a new trial.

Posted

I agree that you really need to talk with an attorney face-to-face for a free consultation Use Avvo's Find a Lawyer tool

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Posted

Souinds like both are playing games. Resjudicata will not apply. But it is best that the two of you decide what is best for the child rather than plan these procedural games.

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