Quote Quoting seniorjudge
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You have no case.

The statute of limitations has run.
The statute of limitations has run on the mechanics lien of 1 year, yes.

The statute of limitations under contract law under an action for assumpsit has not run as it is 6 years.

So if the claim is under the assumpsit action, the SOL has not run.

But whether the statute of limitations has run or not was not the question.

The question was whether I should appeal her ruling that a dismissal with prejudice is res judicata.

She ruled that a lien (that was dismissed with prejudice) for $20K is identical as a money owed claim for $20K, thus res judicata.

This, despite an intermediate court ruling as well as a supreme court case that both dismissed the lien claims BECAUSE there was an opportunity to pursue a claim for moeny owed under an action for assumpsit.

I realize that you are a Senior Member and I post here to learn from you. If I may, I would like to kindly ask that you answer the question of whether I should appeal from her ruling that a lien is the same as money owed, especially since there are cases in stare decisis that supports my position.

Certainly, if the Intermediate Court and the Supreme Court dismissed the lien cases and informed the plaintiffs that they may pursue under an assumpsit theory, would this not also be res judicata?

Thank you so kindly!