Windom v. Sheffield Enterprises, Inc.
Windom v. Sheffield Enterprises, Inc.
Opinion of the Court
In its order dismissing the plaintiff’s case, the trial court observed: “The reason I dismissed it was that the Supreme Court, in its opinion [Windom v. Easley, 495 So.2d 46 (Ala. 1986) ], held that Judge Byrd had ruled on the effectiveness of the amendment [to the subject restrictive covenant]. And it is my opinion that I am bound by the [Court’s] ruling and [that] the present action is barred by what is known as res judicata.”
In these circumstances, it is axiomatic that the plaintiff’s present claim against Sheffield is not barred by the principles of res judicata or by the law of the case doctrine.
REVERSED AND REMANDED.
. We note that the circuit judge in the instant case is not the same circuit judge whose ruling was affirmed in Windom v. Easley.
Reference
- Full Case Name
- Ralph WINDOM v. SHEFFIELD ENTERPRISES, INC.
- Cited By
- 1 case
- Status
- Published