McHenry Savings Bank v. Moy

Court properly granted summary judgment for Plaintiff mortgage foreclosure action. Res judicata does not apply to bar Bank's foreclosure action, because the facts, conditions, and issues involved in the first 2 cases were different from those in this case. The current action does not arise from the same set of operative facts as the first 2 actions. Defendant prevailed in the 1st action and the 2nd action was dismissed with prejudice. When Defendant subsequently defaulted in 2 months, this new default constituted the basis for a new cause of action. (JORGENSEN and BRENNAN, concurring.)