PER CURIAM.
Livingston appeals from a judgment of dismissal, which had dismissed with prejudice his complaint on the ground of res judicata. He argues that a motion to dismiss is not the proper vehicle by which to dispose of the case when the allegations contained in the complaint do not on their face reveal the existence of the defense. We agree.
"[T]he issue of res judicata is an affirmative defense, and affirmative defenses cannot be raised in a motion...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
