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SIMMS v. SIMMS

No. COA08-719.

673 S.E.2d 753 (2009)

Marvin SIMMS, Plaintiff, v. Deborah SIMMS, Defendant.

Court of Appeals of North Carolina.

March 17, 2009.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., by Michael S. Harrell, Raleigh, for plaintiff-appellant.

No brief filed on behalf of defendant-appellee.

WYNN, Judge.

The doctrine of collateral estoppel precludes an issue, determined in a prior judicial action, from being relitigated in a later action.1 On appeal, Plaintiff-Father Marvin Simms argues that the trial court was collaterally estopped from finding in its custody order that he committed acts of domestic violence. Because the issue of whether Marvin Simms committed acts of domestic violence was determined in his favor in a prior...

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