Kathleen Clair McKay-Montanari Missouri Cases

Joseph Montanari appealed the dismissal of his petition for damages against Kathleen McKay-Montanari, which the trial court found barred by res judicata. Joseph's petition sought damages related to Kathleen's alleged delay in filing a satisfaction of judgment following their divorce, an issue previously raised in a motion for contempt that was denied. The appellate court affirmed the dismissal, concluding that res judicata properly applied as the claims arose from the same factual basis, and the trial court had the authority to raise the defense sua sponte. The court also remanded the case for a determination of attorney fees on appeal for Kathleen, deeming Joseph's appeal frivolous.