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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Tina, I filed a Quiet Title action in my countys district

Resolved Question:

Tina, I filed a Quiet Title action in my county's district court several years ago. It was dismissed on a 12(b)6 without prejudice. Per the Arkansas QT statutes, I filed my note as an exhibit into the case.
I am just about ready to file again, but I now know that I won't file the note into the case but demand that the defendant file it. My question is, does my previous filing spill over into the new one? In other words, will the defendant be able to pull the note up from the previous case?
Submitted: 4 years ago.
Category: Legal
Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

You are wondering whether the defendant will be able to obtain a copy of the note from the old case file?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.
In the original case, the defendant used the fact that I filed the note into the case as evidence of the note, and the court didn't make them produce an original on their own. (They admitted they no longer own the note in court.)
The court also stated that since I was the one who filed the copy of the note, that by my own admission a quiet title wasn't warranted.
So - in a new suit, will the defendant be able to point to this original case and allege the same thing, that I already filed the note into the court, and the court will agree again?
Expert:  Tina replied 4 years ago.
Hello again, Christina.

Since the court dismissed the first case without prejudice and there was no final adjudication on the merits of the case, the findings in the case cannot typically be used against either party in a future case based on the doctrines of collateral estoppel or res judicata.

Therefore, I would typically expect the court to decide the issues anew, based only on the evidence submitted in the new case.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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