Rivera-Rosario v. LSREF2 Island Holdings, Ltd., Inc., No. 21-1533 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court dismissing this case on res judicata grounds, holding that Plaintiff's malicious prosecution claim was precluded under the doctrine of res judicata.
At issue in this case arising from a dispute related to a foreclosure action was whether a prior dismissal with prejudice of a complaint filed by Plaintiff in 2017 precluded the claim brought in this 2020 case. The district court concluded that because the prior dismissal had been with prejudice, it constituted a final judgment on the merits, therefore having preclusive effect. The First Circuit affirmed, holding that Plaintiff's malicious prosecution claim was barred by res judicata and that Plaintiff was not entitled to relief on his allegations of error.
The court issued a subsequent related opinion or order on August 23, 2023.
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