Opinion
CV-19-764
09-28-2022
RONALD E. DANA AND LINDA D. DANA APPELLANTS v. DIAMANTE MEMBERS CLUB, INC.; AND DIAMANTE, A PRIVATE MEMBERSHIP GOLF CLUB, LLC APPELLEES
Robert S. Tschiemer, for appellants. Schnipper, Britton & Stobaugh, by: Beau Britton, for separate appellee Diamante Membership Club, Inc.
APPEAL FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63CV-2018-955] HONORABLE GRISHAM PHILLIPS, JUDGE
Robert S. Tschiemer, for appellants.
Schnipper, Britton & Stobaugh, by: Beau Britton, for separate appellee Diamante Membership Club, Inc.
RITA W. GRUBER, JUDGE
This is a companion case to Faigin v. Diamante Members Club, Inc., 2022 Ark.App. 361, also handed down today. The background facts and procedural history are set out in that opinion. Only facts specific to appellants will be detailed below. Appellants, Ronald E. Dana and Linda D. Dana (collectively "appellants") own property within the Diamante subdivision located in Hot Springs Village, Arkansas. The appellees, Diamante, A Private Membership Golf Club, LLC; and Diamante Members Club, Inc. (collectively "appellees"), respectively, are the former and current owners of a private golf club associated with the developed subdivision.
On September 8, 2022, counsel for appellants filed a notice of suggestion of death informing this court that appellant, Ronald E. Dana, died on September 6, 2022. Mr. Dana's death is thereby noted for the record.
In this appeal, appellants argue the same points on appeal as the appellants in Faigin. As detailed in Faigin, res judicata precludes appellants' claims; thus, we affirm the circuit court's application of the doctrine and grant of summary judgment to Diamante Members Club, Inc. (the "New Club").
I. Background Facts
Appellants purchased two lots in the Diamante subdivision, one in 1998 and the other in 2002. In or around 2013, appellants ceased making their monthly club payments. On June 13, 2018, New Club filed liens on the lots and subsequently filed suit to foreclose the liens on July 9, 2018. On May 31, 2019, the circuit court entered a final judgment and decree of foreclosure granting summary judgment to New Club on the basis of res judicata. The court awarded attorney's fees to New Club on July 19, 2019, and appellants filed timely notices of appeal.
II. Discussion
The circuit court concluded that appellants were attempting to relitigate claims that had previously been decided, or could have been decided, in Dye v. Diamante, a Private Membership Golf Club, LLC, 2017 Ark. 42, 510 S.W.3d 759, and applied the doctrine of res judicata. For the reasons set forth in Faigin, 2022 Ark.App. 361, and incorporated herein by reference, we hold that the circuit court properly applied res judicata in granting New Club's motion for summary judgment.
Furthermore, appellants' argument on appeal that they were not parties in Dye was addressed in another companion case, Dana v. Diamante Members Club, Inc., 2022 Ark.App. 366, also handed down today, and for the reasons set forth therein and incorporated here by reference, we find no merit to this argument.
III. Conclusion
We find that all the requirements of claim preclusion are met; accordingly, the circuit court's order granting summary judgment to New Club is affirmed. Having concluded that res judicata bars relitigation of appellants' claim, we need not consider the other points on appeal.
Affirmed.
Gladwin and Barrett, JJ., agree.