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Civil Practice – Res Judicata – Unplead Defense – Summary Judgment – No Prejudice – Expense – Two Dismissal Rule (access required)

Sasso v. Statesville Flying Service, Inc. Even though defendants failed to plead res judicata in their answers, they did raise the issue in their summary judgment motions. In this situation, the answers are “deemed amended”, and our review is de novo.

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