HSB Attorneys Trent Bond and Grant Mabie represented a commercial property owner in a partition suit that was resolved and settled. Later, the other party in the suit brought a new lawsuit claiming rent owed, damage to the property, and breach of fiduciary duty. Trent and Grant moved to dismiss the new lawsuit arguing that the claims were barred under the doctrine known as res judicata because they could have been asserted in the earlier case but were not. The trial court agreed and dismissed the new lawsuit. On appeal, the Court of Appeals affirmed the trial court in all respects finding that all claims between the parties had been fully resolved by the settlement of the earlier lawsuit and dismissal of the new lawsuit was proper.
HSB Attorneys Win at Court of Appeals