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Appellants ask that we reverse the trial court's orders granting summary judgment to the appellees.

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Barr v. Collateral estoppel is narrower than res judicata. Wilhite v.

See, e. Adams, S. Wanda Petroleum Company, S. Dewhurst, 90 S. Scharbauer, S. This requirement has also been consistently applied in the context of res judicata.

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Natividad v. Trapnell, S. When a trial court's order granting summary judgment does not specify the ground or grounds relied on for the ruling, as in this case, it will be affirmed on appeal if any of the theories advanced are meritorious. Cox Cars also relies on Pagan-Lewis's prior collection judgment against Martin. Given these events, we are convinced that the trial court did, in fact, consider Fiallos' arguments and evidence.

We overrule Cox Cars' argument. Russell v. In its orders, the trial court did not specify any particular grounds for the judgments. Alexsis, Inc. Correa, 28 S. The standards for reviewing summary judgment evidence are:. Ricane Enters.

Fiallos v. pagan lewis motors inc

They claim that appellees failed to demonstrate the absence of genuine issues of material fact, which, according to appellants, were created by both the claims asserted against the appellees and appellees' defenses to those claims. According to the defendants, Fiallos cannot re-litigate this issue. Jeanes v. The rules of res judicata rest upon the policy of protecting a party from being twice vexed for the same cause, together with that of achieving judicial economy in precluding a party who has had a fair trial from re-litigating the same issue.

It is frequently characterized as issue preclusion because it bars relitigation of any ultimate issue of fact actually litigated and essential to the judgment in a prior suit, regardless of whether the second suit is based upon the same cause of action.

Resolution Trust Corp.

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Although Cox Cars correctly points out that Fiallos did not respond to Cox Cars' motion for summary judgment until after the trial court awarded summary judgment to Cox Cars on January 9,Cox Cars downplays a major procedural event in this litigation. On appeal, Fiallos claims that the trial court improperly awarded summary judgment to appellees because genuine issues of material fact exist as to whether appellees had ownership and control of the truck on the day of the accident.

On the record, Fiallos presented its case in opposition to the defendants' motions and pointed out specific evidence attached to its response, such as the deposition testimony of Martin Allen Cox and a letter from a Pagan-Lewis attorney, which it argued precluded summary judgment for the defendants. Block, S. Gandy, S. In this case, neither defendant claims that Fiallos was a party or in privity with either of the parties to the prior suit.

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According to Pagan-Lewis, that judgment establishes that it did not own the truck on the day of the accident, which happened on September 12, Pagan-Lewis claims that the collection judgment bars any claim involving assertions that Pagan-Lewis owned the truck on the day of the accident. On March 15,the trial court held a hearing on Cox Cars' motion to reconsider and on a motion to reconsider filed by Pagan-Lewis, at which time it granted both motions to reconsider. Next, we consider whether the trial court could have properly based its summary judgment awards on the doctrines of judgment finality and claim and issue preclusion.

We must therefore decide whether Fiallos' interests were actually and adequately represented in the collection suit.

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This appeal stems from a lawsuit for personal injuries and property damage caused by an automobile accident that occurred on September 12, Highway Martin, Fiallos, and Amjadi were each badly injured in the wreck. Donna Fruit Co.

Barr, S. Crow Iron Works, S. Res judicata is frequently characterized as claim preclusion because it bars litigation of all issues connected with a cause of action or defense, which, with the use of diligence, might have been tried in the prior suit.

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We agree with Fiallos on both points. In that suit, Pagan-Lewis sued Martin for the purchase price of the truck. Nevertheless, if the presently asserted interest was actually and adequately represented in the prior trial, the party and privy requirement will not bar res judicata and collateral estoppel.

Simmons, 53 S. Neel, S. Metropolitan Sav. Privity connotes those who are so connected with a party to the judgment as to have such an identity of interest that the party to the judgment represented the same legal right. Henderson, S.

On the one hand, if a plaintiff prevails in a lawsuit, all of his causes of action merge into the judgment. This interest was not represented in the collection action.

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Cox Cars was not a party to that suit, and it has never alleged that it was in privity with the parties to that suit. Jeanes, S. Kownslar, S. And on the other hand, if the defendant wins the original suit, the plaintiff is barred from bringing another action on claims actually litigated or on claims that could have been litigated in the original cause of action.

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Fiallos' interest in this case lies in establishing either Pagan-Lewis or Cox Cars or both as owning and controlling the truck on the day of the accident and in securing a judgment redressing the injuries caused by the accident. Fiallos also argues that the various defenses of judgment finality asserted by appellees are inappropriate in this case and cannot be applied.

After reviewing the parties' respective motions and briefs, the trial court severed the claims asserted against Pagan-Lewis and Cox Cars and issued orders granting summary judgment to each defendant on their separately filed motions for summary judgment. This is an appeal from two trial court orders awarding final summary judgment to two defendants on claims asserted against them by several plaintiffs.

On February 1,Cox Cars filed a motion to reconsider. Fiallos' evidence and briefs were filed over one month before the trial court heard arguments on the motions to reconsider and issued rulings on March 15, Fiallos' attorney brought its arguments and evidence to the trial judge's attention during the hearing on March 15, And at the same hearing, the trial judge indicated that she would review the evidence and confirmed that it was in the record.

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After hearing arguments from all sides, the trial judge declared that she would review the motions and evidence and rule on them before the end of the day. Dyke, 41 S. We review summary judgments de novo. Wanda Petroleum Co. Broadly speaking, res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments.

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Sysco Food Servs. Appellants are plaintiffs in the underlying lawsuit, and appellees are two of three defendants named in the action brought by the appellants.

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Benson, S. Privity cannot exist where the parties hold conflicting positions. Law Offices of Preston Henrichson, P. We disagree with these representations of the record.

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Essentially, they argue that Martin bought the truck from Pagan-Lewis on September 10, and that a judgment rendered in favor of Pagan-Lewis in a collection action brought against Martin establishes that Martin owned the truck on September 12,the day of the accident. Cox Cars argues that it could not have owned the truck on September 12, because it never took possession of the truck and because Fiallos produced no summary judgment evidence documenting Cox Cars' alleged purchase of the truck.

Benson v. The summary judgment procedure was created to allow the dismissal of patently unmeritorious claims and untenable defenses. She ultimately awarded final summary judgment to both defendants. As noted above, both Pagan-Lewis and Cox Cars relied on theories of res judicata and collateral estoppel in arguing their motions for summary judgment to the trial court.

We conclude that genuine issues of material fact exist regarding ownership of the vehicle involved in this case, and accordingly, we reverse both orders. Thus, neither defendant presented the trial court with an adequate basis for concluding that the party or privy requirement was met in this instance. Moeling, S. Sulak, 76 S. Res judicata involves the dual principles of merger and bar. After the trial court granted the motions to reconsider, it allowed Fiallos to address the merits of the separate motions for summary judgment filed by Cox Cars and Pagan-Lewis.

See Michael v.

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