T. Weiner v. St. Peter's

Summary

The court affirmed dismissal of Weiner’s second action, but rejected the trial court’s conclusion that the denial of leave to amend in the first action was a final judgment on the merits for res judicata purposes. It held that the claims arose from the same transaction and common nucleus of operative facts, and that the second action was properly dismissed under the separately applicable claim-splitting doctrine. The court held that claim splitting does not require a final judgment and reviewed that dismissal for abuse of discretion.