J. M. HANNER CONSTRUCTION COMPANY, INC. v. THOMAS BROTHERS CONSTRUCTION COMPANY, INC. ET AL. - Articles

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Posted by: Barry Kolar on Jul 24, 2012

Court: TN Court of Appeals

Attorneys 1:

Stephen T. Greer, Dunlap, Tennessee, for the appellants, Thomas Brothers Construction Company, Inc., and American Motorist Insurance Company.

Attorneys 2:

Ronald D. Wells, Chattanooga, Tennessee, for the appellee, J.M. Hanner Construction Company, Inc.

Judge(s): MCCLARTY

The plaintiff filed suit against the defendants to recover monies alleged to be due the plaintiff on two construction projections. The first complaint was involuntarily dismissed. The defendants averred that the plaintiff’s claims against them in the second complaint are barred by the doctrine of res judicata. The trial court found that the involuntary dismissal was not an adjudication on the merits. The defendants pursued this interlocutory appeal. We affirm the decision of the trial court.

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