The U.S. Court of Appeals for the Third Circuit held that the district court erred by relying on a not-precedential opinion in Sims v. Viacom to conclude that res judicata barred a plaintiff’s second federal action over the property she owned in Rehoboth Beach, Delaware.
Sandra Harmon appealed an order by the U.S. District Court for the District of Delaware that dismissed her complaint as barred by res judicata, according to the opinion. In her first federal action over her Rehoboth Beach property, Harmon alleged that Sussex County issued a demolition order due to structural fire damage. Although she attempted to challenge the order, she did not pay the filing fee and the home was demolished on Sept. 14, 2017.
