Borough v. Caldwell

“[A] plaintiff who has won or lost a declaratory judgment action ‘may * * * bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action,’ because ‘a declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced.’” Restatement (Second) of Judgments §33 comment c (“Effects as to matters not declared”); see also Andrew Robinson Int’l, Inc. v. Hartford Fire Ins. Co., 547 F3d 48, 56 (1st Cir 2008).

Petitioners appealed a probate court’s dismissal of their claims. On appeal, petitioners assigned err to the probate court’s decision to dismiss their claims under ORCP 21A(3) based on the fact that there was “another action pending between the same parties for the same cause.” Due to the complex nature of the relationship between the parties, there is another cause of action addressing similar issues related to the disputed trust provisions. “[A] plaintiff who has won or lost a declaratory judgment action ‘may * * * bring a subsequent action for other relief, subject to the constraint of the determinations  made  in  the  declaratory  action,’ because ‘a declaratory action determines only what it  actually decides and  does not have a claim preclusive effect on other contentions that might have been advanced.’” Restatement (Second) of Judgments §33 comment c (“Effects as to matters not declared”); see also Andrew Robinson Int’l, Inc. v. Hartford Fire Ins. Co., 547 F3d 48, 56 (1st Cir 2008). Reversed and remanded.