LAUBER-CLAYTON, LLC v. NOVUS PROPERTIES CO.

No. ED 98302.

407 S.W.3d 612 (2013)

LAUBER-CLAYTON, LLC, Appellant, v. NOVUS PROPERTIES COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 18, 2013.

Application for Transfer Denied October 1, 2013.


Attorney(s) appearing for the Case

Thomas G. Berndsen , St. Louis, MO, for appellant.

J. Vincent Keady, Jr. , St. Louis, MO, for respondent.


LAWRENCE E. MOONEY, Presiding Judge.

In this action for damages and attorneys' fees, stemming from a real-estate transaction, Lauber-Clayton, LLC, appeals the trial court's entry of summary judgment in favor of defendant Novus Properties Company on res judicata grounds. Comparing the present litigation to the prior litigation, we find no identity of parties because the parties in the present litigation did not adjudicate anything between themselves in the prior litigation...

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