Missouri Court of Appeals, Eastern District / Mar 30, 2021
Vicki J. Smith, Appellant, v. Dean A. Smith, Respondent.
Vicki J. Smith (Wife) appealed a judgment in favor of Dean A. Smith (Husband) on his claim for equitable relief, which had relieved him of a credit card debt obligation and ordered Wife to pay damages and attorney's fees. The appellate court reversed the judgment, holding that Husband's claim was barred by res judicata. The court found that a prior dismissal, though without prejudice, constituted a determination on the merits of the same substantial facts, and the extrinsic fraud exception did not apply because Wife's alleged concealment was intrinsic fraud and Husband failed to show an absence of fault.