Civil Practice — Res Judicata & Collateral Estoppel – No Contact Action – Settlement & Release – Malicious Prosecution

Simon v. Moore (Lawyers Weekly No. 15-16-0701, 10 pp.) (John Tyson, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb, J.) N.C. App. Unpub.

Holding: Where plaintiff stipulated that his current malicious prosecution claims rely on the “identical documents, materials, information, and evidence of the acts, facts, and circumstances” upon which plaintiff brought a prior no-contact order complaint against the same defendant, res judicata and collateral estoppel bar this malicious prosecution action.

We affirm summary judgment for defendant.

Plaintiff could, and should, have raised his malicious prosecution claims in his initial no-contact order action against defendant. Furthermore, the settlement agreement and release the parties executed in the prior no-contact order litigation “completely resolve[d] the Action[] and any other disputes between Parties relating to the facts and allegations in the Action[].”