Williams v. Vintage Petroleum

9 Citing cases

  1. Rodgers v. Moore

    101 So. 3d 189 (Miss. Ct. App. 2012)   Cited 8 times

    See Little v. V & G Welding Supply, Inc., 704 So.2d 1336, 1339 (¶ 15) (Miss.1997); Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 689 (¶ 17) (Miss.Ct.App.2002). It is clear that the original parties to the suit are also parties in the second suit.

  2. In re Bell

    2007 CA 435 (Miss. Ct. App. 2008)   Cited 13 times

    ¶ 7. The identities of the parties must be at least in privity with one another. Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 689 (¶ 17) (Miss.Ct.App. 2002). It is not necessary to use strict identity. Little v.V G Welding Supply, 704 So.2d 1336, 1339 (¶ 15) (Miss.

  3. Deramus v. Pierce

    904 So. 2d 1104 (Miss. Ct. App. 2004)

    Under the doctrine of res judicata, "[a] final judgment on the merits bars further claims by parties or their privies based on the same cause of action." Williams v.Vintage Petroleum, Inc., 825 So.2d 685 (¶ 10) (Miss.Ct.App. 2002). "Four identities must be present for res judicata to apply: (1) identity of the subject matter of the action; (2) identity of the cause of action; (3) identity of the parties to the cause of action; and (4) identity of the quality or character of a person for or against whom the claim is made."

  4. Full House Resorts, Inc. v. Boggs & Poole Contracting Grp., Inc.

    CIVIL ACTION NO. 1:14cv223-KS-MTP (S.D. Miss. Mar. 27, 2015)   Cited 5 times

    The Court finds no such limiting proposition in the cases cited by the Plaintiffs, which held that the identity of the parties element was met based on the existence of privity. See Little v. V & G. Welding Supply, Inc., 704 So. 2d 1336, 1339 (¶¶ 15-19) (Miss. 1997); Williams v. Vintage Petroleum, Inc., 825 So. 2d 685, 689 (¶ 17) (Miss. Ct. App. 2002). Furthermore, Mississippi's appellate courts have ruled that a party's status as a successor in interest supports an application of res judicata.

  5. Studdard v. Pitts

    72 So. 3d 1160 (Miss. Ct. App. 2011)   Cited 2 times
    Affirming chancery court's judgment finding plaintiffs' claim had already been adjudicated in bankruptcy court and was therefore barred by res judicata

    Furthermore, where a final judgment on the merits has been entered, subsequent claims by parties or their privies based on the same cause of action are barred by the doctrine of res judicata. Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 688 (¶ 10) (Miss.Ct.App.2002). The following four factors determine whether res judicata applies: “(1) identity of the subject matter of the action; (2) identity of the cause of action; (3) identity of the parties to the cause of action; and (4) identity of the quality or character of a person for or against whom the claim is made.” Id.

  6. Studdard v. Pitts

    2009 CA 1436 (Miss. Ct. App. 2011)   Cited 1 times

    Furthermore, where a final judgment on the merits has been entered, subsequent claims by parties or their privies based on the same cause of action are barred by the doctrine of res judicata. Williams v. Vintage Petroleum, Inc., 825 So. 2d 685, 688 (¶ 10) (Miss. Ct. App. 2002). The following four factors determine whether res judicata applies: "(1) identity of the subject matter of the action; (2) identity of the cause of action; (3) identity of the parties to the cause of action; and (4) identity of the quality or character of a person for or against whom the claim is made."

  7. Jenkins v. Terry Investments, LLC

    947 So. 2d 972 (Miss. Ct. App. 2006)   Cited 4 times

    Id. at 341 (¶ 2). However, all that is required to meet this identity is that the later party have at least been in privity with the first party. Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 689 (¶ 17) (Miss.Ct.App. 2002). Successors in interest are in privity for purposes of res judicata.

  8. Davis Land Co. v. Vicksburg School Dist

    2005 CA 44 (Miss. Ct. App. 2006)   Cited 10 times

    The identities of the parties must be at least in privity with one another. Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 689 (¶ 17) (Miss.Ct.App. 2002). It is not necessary to use strict identity. Little v. V. G. Welding Supply, Inc., 704 So.2d 1336, 1339 (¶ 15) (Miss.

  9. Jowett v. Scruggs

    2002 CA 39 (Miss. Ct. App. 2005)   Cited 4 times

    The federal suit ended and no appeal was taken. Therefore, the present litigation cannot again challenge the validity of the 1997 employment contract. Williams v. Vintage Petroleum, Inc., 825 So.2d 685, 688 (Miss.Ct.App. 2002). The chancellor properly relied on res judicata to find the employment contract valid.