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Fowler v. Catoosa County

Dismissal of plaintiff's pro se lawsuit based on res judicata and collateral estoppel is affirmed as plaintiff failed to meet his burden of proving error on appeal.

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Following a dismissal of his pro se Catoosa County lawsuit, Leon Claude Fowler appeals, alleging that: 1 his due process rights were violated by the dismissal of his action in replevin; 2 Judge W. Ralph Hill, Jr., should have recused himself from the case because he was personally involved and therefore biased; and 3 the dismissal was premature due to the appellees’ failure to answer interrogatories he posed to the appellees. Because Fowler has failed to show error by the record on appeal, we affirm the trial court’s decision.

In its order, the trial court found that Fowler had filed his petition for writ of replevin on or about April 7, 2000. Defendant Renzo Wiggins filed a motion to dismiss or in the alternative a motion for summary judgment and a notice of hearing on May 5, 2000. After a hearing on Wiggins’ motion, on June 7, 2000, the trial court dismissed Fowler’s petition and found that it was frivolous based on the fact that it was an attempt to re-litigate issues that were the subject matter of no less than three prior lawsuits. The trial court barred the underlying action based on the doctrines of res judicata and collateral estoppel. Thereafter, Fowler filed his notice of appeal and indexed his own documents to be filed with the appeal.

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