PRYOR v. MERTEN

No. COA96-1483.

490 S.E.2d 590 (1997)

Betty Jean PRYOR and Ruthie Pryor, as Guardian Ad Litem for Corry L. Pryor, minor, Plaintiffs, v. David F. MERTEN, Saundra Shumate, and Jane Doe, Defendants.

Court of Appeals of North Carolina.

October 7, 1997.


Attorney(s) appearing for the Case

Lawrence U. Davidson, III, Charlotte, for appellants.

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr. and William R. Hamilton, Chapel Hill, for defendants-appellees.


EAGLES, Judge.

Appellant argues that the trial court did not retain jurisdiction to hear the quantum meruit proceedings and that appellee's claim was barred by res judicata. The case at bar was dismissed with prejudice by the plaintiffs pursuant to the settlement agreement. Davidson argues that a dismissal with prejudice gives rise to the doctrine of res judicata, and is effective not only as to the immediate parties, but also as to their privies. Johnson v. Bollinger...

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