Samuel L. Davis v. Sovereign Investments, LLC

The plaintiff appeals the summary dismissal of his petition to quiet title based on res judicata and waiver. This is the fourth action between the parties, or their privies, involving real property the plaintiff lost in a nonjudicial foreclosure sale in 2012. The first three actions were decided on the merits adversely to the plaintiff. Following the dismissal of the third action regarding the same real property, the parties entered into a settlement agreement wherein the plaintiff consented to the sale of the property to the defendant and waived all claims that had been or could have been asserted in relation to the real property. Thereafter, the plaintiff commenced this action to quiet title to the same real property. Upon the motion of the defendant that had purchased the property, the trial court summarily dismissed the action. This appeal followed. We affirm the trial court in all respects.