Res judicata applies even though "the second suit relies on a legal theory not advanced in the first case, seeks different relief than that sought in the first case, or involves evidence different from the evidence relevant to the first case." Id. Key Bancshares of Maine, Inc., 635 A.2d 956, 959 (Me.1993) (quoting Currier v. The "measure of a `cause of action' is the `aggregate of connected operative facts that can be handled together conveniently for purposes of trial,'" Petit v. Town of Hudson, 665 A.2d at 678 (citations omitted). The doctrine of res judicata bars "the relitigation of issues that were tried, or that may have been tried, between the same parties or their privies `in an earlier suit on the same cause of action.'" Wozneak v. ![]() When no factual issues exist in determining the res judicata effect of an earlier action, we review "the court's application of the doctrine for errors of law." Wozneak v. In reviewing an appeal from an order granting a motion for a summary judgment, we view "the evidence in the light most favorable to the party against whom the judgment was entered to determine whether the record supports the trial court's conclusion that there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law." Simpson v. The court concluded that res judicata barred Blance's claims because the new legal theory arose from the same aggregate of operative facts as did the prior claims that Blance had filed against Alley and that Blance could have brought the adverse possession action in the prior suits. After a hearing, on May 9, 1996, the court entered a summary judgment for Alley on Blance's complaint. After removing the case to the Superior Court, both parties subsequently filed cross-motions for a summary judgment. In this suit, Blance alleges that she and her late husband had acquired title to the property by adverse possession as a result of holding the property for forty or more years in the required manner. *829 On April 5, 1994, Blance filed a quiet title action against Alley and others regarding a parcel of land in Gouldsboro. We are unpersuaded by her contentions and affirm the judgment. In the alternative, she contends that a summary judgment should not have been entered against her even if the same cause of action is stated. On appeal, Blance contends that res judicata does not apply because a different cause of action is present in this case. Nellie Blance appeals from a summary judgment entered in the Superior Court (Hancock County, Mead, J.) concluding that her claim of title by adverse possession was barred by res judicata. Giunta (orally), Ellsworht, for defendant.īefore ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ. Weeks (orally), Norton & Weeks, Bangor, for plaintiff.Īnthony J. This makes it possible to remove the beans without draining your water, which can then be used to blanch the next batch of beans or cook other foods.Paul A. ![]() If you have a blanching or steaming basket, you may place the beans inside it and lower it into the water.Reduce the amount of water next time to avoid losing flavor and nutrients. If the water takes more than 60 seconds to return to a boil, you may be using too much water.X Trustworthy Source National Center for Home Food Preservation Publicly-funded center dedicated to educating consumers about research-backed safety practices for preserving food Go to source The beans will look bright green and taste cooked but still crisp when they are done blanching. Other types of bean, including lima, butter, and pinto beans, will require 2 to 4 minutes depending on size. ![]() Boil green beans and other long beans for 3 minutes. Add the beans to the water and start timing them once the water has returned to a boil. Boil the beans for about three minutes, using a timer.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |