Wells Fargo Bank, N.A. v. Orsbon & Fenninger, LLP

appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.

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Summary

appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.