Fort v. Persson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Habeas Corpus
  • Date Filed: 12-16-2015
  • Case #: A158533
  • Judge(s)/Court Below: Duncan, P.J; DeVore, J.; & Flynn, J. Per Curiam
  • Full Text Opinion

A dismissal without prejudice cannot give rise to claim preclusion.

Plaintiff appealed a judgment of dismissal of a habeas corpus petition, and Defendant conceded that the trial court erred in granting the dismissal because its decision was based on giving previous judgments preclusive effect, where the previous dismissals were without prejudice. Reversed and remanded.

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