Moyer v. Shaffer – Pa. Superior Court – 11-17-23 – reported, precedential
Held: Second PFA petition not precluded, where prior PFA petition was dismissed w/o prejudice and w/o a hearing, even though second petition based on same facts as first.
Claim and issue preclusion (res judicata and collateral estoppel) only apply where the “controlling issues have been decided in a prior action, in which the parties had a full opportunity to assert their rights.” E.K. v. J.R.A., 237
A.3d 509,521 (Pa.Super. 2020); Vignola v. Vignola 39 A.3d 390, 393 (Pa. Super. 2012).
Here, plaintiff/appellant first PFA petition “was not litigated on the merits.” Rather, the court dismissed the case without prejudice when plaintiff failed to appear at first hearing.
In addition, the lower erred court erred in dismissing the second petition without holding a hearing. “The PFA Act states unequivocally” that a “hearing shall be held before the court. . . . “
