Case Dismissal Based On Preclusion
Summary
Res judicata can dismiss a case if the same matter has been adjudicated with identical issues and parties. Dismissal with prejudice means the case cannot be brought again. Chapter 646 proceedings for forcible entry and detainer can be separate from other matters. Consult a lawyer for advice based on full case details. Contact Polk County District Court for more information.Full Conversation
I am trying to find out if I can request for a case to be dismissed based on claim preclusion / res judicata or if that ruling did not apply as I thought it did?
Hello ****, to provide accurate information, I need to know your location as res judicata rules vary by jurisdiction. Can you please tell me where you're based?
Des Moines ,Iowa
In Iowa:
- Res judicata can be used to dismiss a case if the same matter has already been adjudicated.
- It applies when there's an identical issue, parties, and has been finally decided on the merits.
Contact:
Polk County District Court
Phone: (*) *-*
Address: * Mulberry St, Des Moines, IA *
Website: www.iowacourts.gov That's how I interpreted it also. The lawyer told me the dismissal with prejudice ruling only applies to the FED portion of a previous court hearing . The hearing was for ORIGINAL NOTICE & PETITION for FORCIBLE ENTRY & DETAINER CHAPTER * siting 2 months of payments unpaid ( October & November) being grounds to forfeit my contract for purchasing my home
In Iowa:
- Dismissal with prejudice generally means the case cannot be brought again.
- Chapter * proceedings can be separate from other matters.
- Consider consulting a lawyer for advice based on full case details.
Polk County District Court
Phone:(*) *-*
Address: * Mulberry St, Des Moines, IA *
Website: www.iowacourts.gov