North Carolina Business Litigation Report

Phillips & Jordan, Inc. v. Mountaineer Land Group, LLC, 2006 WL 4537235 (December 28, 2006)(Diaz)

The Court dismissed some of plaintiff's claims because they had been the subject of a dismissal, with prejudice, in a prior action. The Court held that a dismissal with prejudice is a final judgment for purposes of res judicata. Other claims were being simultaneously litigated in another action between the parties. It was difficult to determine, because of the procedural posture of the cases, in which action the claims had been first filed. The Court had jurisdiction over both actions, and determined that it would manage them "so as to assure their efficient resolution."

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Mack Sperling
Brooks Pierce, LLP
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