Tycollo Graham v. Eurosim Construction & a.

Summary

The Supreme Court of New Hampshire reversed the Merrimack County Superior Court’s dismissal of Graham’s second lawsuit and remanded. It held that the prior dismissal in Grafton County was not a final judgment on the merits because it was issued without prejudice, and it adopted a prospective rule that dismissals arising from a plaintiff’s violation of a court order or procedural rule that are silent on prejudice are deemed without prejudice for res judicata purposes.