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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10464
Experience:  30 years experience corporate, litigation, international
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i need some precident cases to argue against res judicata.

Customer Question

i need some precident cases to argue against res judicata. i have a summary judjment to reply to and the plainyiff is saying becauause i filed a small claims case and won parts of my claim that the defendent in that case refiled in civil court and i am now the defendent in this new claim that my counterclaim is bared by res judicata and i need an argument or referenced cases to answer to the motion and dont know where to look?
Submitted: 7 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 7 years ago.
You need to clarify the issues. You filed a small claims court case that charged claims 1, 2 and 3. If you won claims 1 and 2, what did the defendant refile in the civil court? Did he file a claim that he asserted in the small claims court?
Customer: replied 7 years ago.
the case refered to my claim on an 2001 ford pickup truck the small claims court had no jurisdiction to give title or truck to either party the defendent in this small clains case was instructed to file a replevin action in order to retrieve the vehicle he did not and had an attorney who did not file an appeal or claim or court action for more than 6 months in the mean time i disposed of the vehicle with an affidavidt of abandonment after it was disposed of the defendent filed a replevin action but i considered it being untimly he had an attorney to handle the small claims case but he did not file a counterclaim in a timely manner and the court dissmissed all his claims in small claims court except the issue of the truck but when he filed the civil suit in medina court and me being the defendent i filed a counter claim with issues that were not hered in small claims case
Expert:  Richard - Bizlaw replied 7 years ago.

The decision by the small claims court meant the issue as to the truck was unresolved. Whether they appealed or not did not make a difference because the claim for replevin was still unresolved and could be brought at any time within the statute of limitations. If the defendant had counterclaims that the small claims court had jurisdiction to hear and the court dismissed those claims with prejudice, then they are barred by res judicata. The claims had to be dismissed with prejudice. If they were not dismissed with prejudice, they are not barred because their was no final adjudication of them on the merits. Dismissal for statute of limitations would be considered final.

 

Your counterclaims would be permitted so long as they were not required to be filed in the small claims court as part of the case there. Generally, if the claims arose from the same transaction they should have been brought in the small claims court case. If they were not and should have been they will be barred by res judicata because all related claims between the party are to be tried in the same case. If the small claims did not have jurisdiction of the counterclaims because, for example, they exceeded the jurisdictional limit of the court, they are not barred.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 7 years ago.
what is the statue of limitaitions on this replevin and i need some presidence cases as of the law in my brief wich is the original question that i asked i need presidence reference to submit with my breef to show substantial argument of law saying that my cvounterclaim should not be dismissed by res judicata
Expert:  Richard - Bizlaw replied 7 years ago.

Here is a site for a case that discusses the things you need to prove to have res judicata.

 

http://www.lexisone.com/lx1/caselaw/freecaselaw?action=FCLRetrieveCaseDetail&am p;caseID=1&format=FULL&resultHandle=14861feb2cd876bbeced3c8614e982db&pageLimit=10&xmlgTotalCount=23&combinedSearchTerm=%22res+judicata%22+w%2F5+elements&juriName=Ohio&sourceFile=STATES;OHCTS

 

this case cites a number of relevant case.

The statute of limitations for replevin is 4 years. R.C. 2305.09(B).

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.