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Lee v. Owenby & Assocs. Inc.

Res judicata barred the plaintiff's claims for breach of contract, fraud and wrongful foreclosure, because he asserted the same claims as counterclaims in previous cases, which resulted in final judgment.

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Yong S. Lee sued Owenby & Associates, Inc. and Richard F. Owenby, Sr., its sole shareholder, collectively, “Owenby” as part of an ongoing dispute over a business Lee purchased from Owenby. The trial court dismissed Lee’s claims with prejudice, finding that they were barred by res judicata and judicial estoppel. For reasons that follow, we affirm. Lee purchased a grocery business from Owenby in August 2000. He also subleased the business premises from Owenby. In January 2002, Owenby sought a writ of immediate possession to repossess the grocery store inventory and equipment the “writ of possession” action and also brought a dispossessory action for eviction against Lee the “dispossessory” action. The Franklin County Superior Court issued a writ of immediate possession on January 7, 2002. Lee subsequently filed an answer and counterclaim to the writ of possession action, alleging fraud, breach of contract, and wrongful foreclosure. Lee also filed a pro se answer and counterclaim in the dispossessory action, again alleging breach of contract and fraud.

Lee filed for bankruptcy on April 19, 2002. Lee listed Owenby as a “notice only” creditor in his schedule of creditors, showing no sum due; he did not list his counterclaims against Owenby as potential assets. Lee was discharged from bankruptcy on September 11, 2002, but the case remained open in order for the trustee to find and liquidate assets of the estate.

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