THE WEATHERBY GROUP, LLC v. HERITAGE TRUST COMPANY - Articles

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THE WEATHERBY GROUP, LLC v. HERITAGE TRUST COMPANY

Posted by: Azya Thornton on Aug 19, 2025

Court: TN Court of Appeals

Attorneys 1: Mark W. McFall, Johnson City, Tennessee, for the appellant, The Weatherby Group, LLC.

Attorneys 2: Mark S. Dessauer, Kingsport, Tennessee, for the appellee, Heritage Trust Company.

Judge(s): CLEMENT

The sole issue in this appeal is whether the present action is barred by the doctrine of res judicata. The plaintiff concedes that the order in the previous action filed in circuit court satisfied the first three of the four elements of the doctrine of res judicata but denied that the prior action had been adjudicated on the merits. As for the fourth element, the chancery court ruled that the judgment in the circuit court action constituted an adjudication on the merits because the dismissal was “with prejudice. ” On this basis the chancery court dismissed the action at bar. The plaintiff appeals. Finding no error, we affirm.

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