Balyeat Law, P.C. v. Hatch

• Decision Date: 23 July 1997
• Docket Number: No. 97-151,97-151
• Citation: 284 Mont. 1,942 P.2d 716
• Parties: BALYEAT LAW, P.C., as Trustee, Plaintiff and Appellant, v. Linda Jo HATCH, Defendant and Respondent.
• Court: Montana Supreme Court

Page 716

942 P.2d 716

284 Mont. 1

BALYEAT LAW, P.C., as Trustee, Plaintiff and Appellant, v. Linda Jo HATCH, Defendant and Respondent.

No. 97-151.

Supreme Court of Montana.

Submitted on Briefs June 19, 1997.

Decided July 23, 1997.

Regan Whitworth; Balyeat Law Offices, Missoula, for Plaintiff and Appellant.

John M. Morrison; Meloy & Morrison, Helena, for Defendant and Respondent.

LEAPHART, Justice.

Appellant Balyeat Law (Balyeat) appeals from the order of the Ninth Judicial District Court, Teton County, granting respondent Linda Jo Hatch (Hatch) summary judgment on the basis of res judicata. We affirm.

We address the following issue on appeal:

Did the District Court err in granting summary judgment on the basis of res judicata and dismissing Balyeat's complaint for collection of a debt when Balyeat had previously brought an action against Hatch for collection of a debt arising from the same incident?

Factual and Procedural History

Linda Jo Hatch and her son Carson Hatch were injured in a car accident and were subsequently treated at Community Medical Center of Missoula (CMC) periodically between November 10, 1992 and February 4, 1994. On June 13, 1994, Balyeat filed a complaint as trustee for CMC in Missoula Justice Court against Hatch for a debt for services rendered by CMC to Hatch and her son in the amount of $2,400. Default judgment was entered and Hatch paid the debt in full.

On July 28, 1995, Balyeat filed a second complaint against Hatch in Teton County. Balyeat asked for judgment in the amount of $3,612 for goods and services provided to the Hatches by CMC during the same period of time in which CMC provided the services which were the subject of the first debt collection action. The Justice Court granted Hatch summary judgment and dismissed the complaint on the basis of res judicata. The parties stipulated to a de novo review by the Ninth Judicial District Court which likewise dismissed the complaint on the basis of res judicata. Balyeat appeals from that judgment.

Discussion

The standard of review of a summary judgment ruling is de novo. Motarie v. Northern Montana Joint Refuse Disposal Dist. (1995), 274 Mont. 239, 242, 907 P.2d 154, 156; Mead v. M.S.B., Inc. (1994), 264 Mont. 465, 470, 872 P.2d 782, 785. When we review a district court's grant of summary judgment, we apply the same standard as applied by the district court based on Rule 56, M.R.Civ.P. Bruner v. Yellowstone County (1995), 272 Mont. 261, 264, 900 P.2d 901, 903. In Bruner, we set forth our inquiry:

The movant must demonstrate that no genuine issues of material fact exist. Once this has been accomplished, the burden then shifts to the non-moving party to prove, by more than mere denial and speculation, that a genuine issue does exist. Having determined that genuine issues of material fact do not exist, the court must then determine whether the moving party is entitled to judgment as a matter of law. We review the legal determinations made by a district court as to whether the court erred.

Bruner, 900 P.2d at 903 (citations omitted). In the instant case, the parties do not dispute any issues of material fact. Balyeat disputes only the District Court's legal determination that the final judgment in the Missoula County Justice Court matter is res judicata as to the second debt action.

The doctrine of res judicata bars issues and claims litigated in a former action as well as issues and claims which might have been litigated in the former action. Mills v. Lincoln County (1993), 262 Mont. 283, 864 P.2d 1265. This Court has established that the doctrine of res judicata bars a party from relitigating a matter that the party has already had the opportunity to litigate. " 'Once there has been a full opportunity to present an issue for judicial decision in a given proceeding ... the determination of the court in that proceeding must be accorded finality as to all issues raised or which fairly could have been raised....' " Mills, 864 P.2d at 1267 (citing First Bank v. District Court (1987), 226 Mont. 515, 519-20, 737 P.2d 1132, 1134-35).

A resolved claim will be res judicata as to subsequent claims if: (1) the parties are the same; (2) the subject matter is the same; (3) the issues are the same and relate to the same subject matter; and (4) the capacities of the persons are the same in reference to the subject matter and issues. Loney v. Milodragovich, Dale & Dye, P.C. (1995), 273 Mont. 506, 510, 905 P.2d 158, 161.

Balyeat argues that res judicata cannot bar its present debt collection action because the subject matter is different from the initial debt collection action in the Missoula County Justice Court. It claims that because the first debt covered medical services and the second debt covers mostly expert testimony costs and the debts had different account numbers,...