McDonald v. US DIE CASTING & DEV.
McDonald v. US DIE CASTING & DEV.
Opinion
The plaintiff, John W. McDonald, appeals from a summary judgment for the defendants, U.S. Die Casting and Development Company, Inc. ("the company"), and David J. Slyman, the chairman of the company's board of directors and its principal shareholder, in this action seeking damages for breach of contract. We affirm.
These parties have been before this Court on three previous occasions, each case bearing the style McDonald v. U.S. DieCasting Development Co. See
After carefully reviewing the record in this case, especially paragraph 5(c) of the employment contract (which gave the company the right to terminate McDonald's employment "for cause, including, without limitation, . . . [his] failure or refusal to perform his obligations" to the company), we conclude that there is no genuine issue of material fact and that the defendants were entitled to a judgment as a matter of law. See Rule 56, Ala.R.Civ.P. After previously entering a judgment by default determining that McDonald had failed to perform his obligations under the employment contract, the trial court had no alternative to entering the summary judgment for the defendants in the present case. It is well settled that once an issue has been litigated and a final judgment *Page 434
has been entered on the merits, any further litigation of that issue by the same parties is barred. See Whisman v.Alabama Power Co.,
For the foregoing reasons, the judgment is affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX, SHORES and KENNEDY, JJ., concur.
Reference
- Full Case Name
- John W. McDonald v. U.S. Die Casting Development Company and David J. Slyman.
- Cited By
- 6 cases
- Status
- Published