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Warren v. Town Of East Kingston9/6/2000
se of action" refers "to all theories on which relief could be claimed on the basis of the factual transaction in question." Id. at 275, 525 A.2d at 712.
The plaintiff's allegation that the defendant has "blocked" his appointments to positions since his dismissal appears to involve events subsequent to his dismissal, and therefore is not based upon the same allegations of fact as his claims for wrongful termination. See id. Thus, any claim relating to this allegation is not the same "cause of action" for purposes of res judicata. See id. For the same reason, this allegation is not identical to the issues in the first action for purposes of collateral estoppel. See Bruzga's Case, 142 N.H. at 745, 712 A.2d at 1079.
Accordingly, the claim that the defendant "blocked" the plaintiff's appointment to new positions is not precluded by the dismissal of the civil action, and the trial court erred in dismissing it.
Finally, we reject the plaintiff's argument that the trial court erred in dismissing his equity action without first conducting a hearing because neither the plaintiff nor the defendant requested a hearing. See Super. Ct. R. 58.
We have reviewed the plaintiff's remaining arguments and find them to be without merit and warranting no further discussion. See Vogel v. Vogel, 137 N.H. 321, 322, 627 A.2d 595, 596 (1993).
In sum, we reverse the trial court's dismissal to the extent it dismissed any claim arising from the allegation that the defendant "blocked" his appointment to positions with the East Kingston Rescue Squad and with the Office of Emergency Management, and we remand for further proceedings relating to this claim since it appears to involve events subsequent to his dismissal. With respect to all other issues in the plaintiff's claim for equitable relief, we affirm the trial court's dismissal.
Affirmed in part; reversed in part; remanded.
BROCK, C.J., sat for oral argument but did not take part in the final vote; JOHNSON, J., sat for oral argument but retired prior to the final vote; THAYER, J., sat for oral argument but resigned prior to the final vote; HORTON and DALIANIS, JJ., concurred; NADEAU and DALIANIS, JJ., took part in the final vote by consent of the parties.
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