MATTERNAS v. STEHMAN


434 Pa.Super. 255 (1994)

642 A.2d 1120

John J. MATTERNAS and Elaine Matternas, His Wife, Appellants, v. Theodore H. STEHMAN T/A Ted Stehman's Joinery.

Superior Court of Pennsylvania.

Filed June 2, 1994.


Attorney(s) appearing for the Case

Edward J. Coyle, Lebanon, for appellants.

Margaret J. Concannon, Lancaster, for appellee.

Before DEL SOLE, FORD ELLIOTT, and HOFFMAN, JJ.


FORD ELLIOTT, Judge:

Appellants come before us challenging the entry of summary judgment in their action in assumpsit. The basis for the granting of appellee's motion for summary judgment was that the matter complained of in appellants' assumpsit action had already been decided by judicial determination and was thus barred by res judicata. We do not agree that res judicata applies instantly, nor do we believe that appellants are collaterally estopped...

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