Elements of both res judicata and collateral estoppel include a final judgment on the merits in an earlier action. That does not include “a docket entry [that] was not denominated as a judgment, and the court’s dismissal order [that] did not state that the dismissal was with prejudice.” But notice of another action on the same claims was sufficient for the circuit court to dismiss without prejudice.
John Allen & Michelle Allen, v. Titan Propane, LLC & Wilma Cook
Courtesy of The Supreme Court of Missouri-Opinions.
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