Gary R. Jordan, appellant,
Kelly R. Jordan, now known as Kelly R. Fairchild, et al., appellees.
Collateral Estoppel: Res Judicata. The
applicability of the doctrines of collateral estoppel and res
judicata is a question of law.
Judgments: Appeal and Error. On a question
of law, an appellate court is obligated to reach a conclusion
independent of the determination reached by the court below.
Issue Preclusion. Issue preclusion bars
relitigation of a finally determined issue that a party had a
prior opportunity to fully and fairly litigate.
Judgments: Issue Preclusion. Issue
preclusion applies where (1) an identical issue was decided
in a prior action, (2) the prior action resulted in a final
judgment on the merits, (3) the party against whom the
doctrine is to be applied was a party or was in privity with
a party to the prior action, and (4) there was an opportunity
to fully and fairly litigate the issue in the prior action.
Issue Preclusion. Issue preclusion applies
only to issues actually litigated.
Judgments: Words and Phrases. A judgment is
on the merits if the judgment is based upon legal rights, as
distinguished from mere matters of practice, procedure,
jurisdiction, or form.
Issue Preclusion: Parties. Privity implies a
relationship by succession or representation between the
party to the second action and the party to the prior action
in respect to the right adjudicated in the first action.
Issue Preclusion: Words and
Phrases. In its broadest sense, "privity"
is defined as mutual or successive relationships to the same
right of property, or such an identification of interest of
one person with another as to represent the same legal right.
Neb.App. 281] 9. Issue Preclusion. For the
purpose of issue preclusion, the mere fact that litigants in
different cases are interested in the same question or desire
to prove or disprove the same fact or set of facts is not a
basis for privity between the litigants.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
from the District Court for Phelps County: Terri S. Harder,
A. Schroeder, of Ross, Schroeder & George, L.L.C., for
E. Stehlik, of Stehlik Law Firm, P.C., L.L.O., for appellee.
Pirtle, Riedmann, ...