U.S. Bank National Association v. Johnston

Plaintiff bank filed foreclosure action against 3 defendants, and they moved to dismiss based on prior default judgment entered in favor of another bank.  One defendant also argued that he was a bona fide purchaser for value of property. Court erred by dismissing complaint as barred by res judicata. Name of proper defendant did not appear on the face of the summonses in the other bank's foreclosure action, and thus element of res judicata, that a final judgment on merits has been reached by court of competent jurisdiction, is not met. Defendant named in the other action does not exist, and 2 other named defendants were not properly served; thus, judgments entered are void.(JORGENSEN and BIRKETT, concurring.)