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Appellate Law
: Abstract AppealFifth District: Apple Records
By Matt Conigliaro, Esq.
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Can a trial court dismiss a proceeding sua sponte based on res judicata? This decision shows the answer is yes. The Fifth District not only affirmed the dismissal but explained:
Every litigant is entitled to one bite at the apple. Two bites is unfair. Three bites is an abuse of the trial court, the opposing party and this court.
This particular proceeding was the appellant's tenth appeal to theFull post as published by Abstract Appeal on June 24, 2008 (boomark / email).
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