Ohio Pyro, Inc. v. Ohio Dept. of Commerce, Div. of State Fire Marshal

In Ohio Pyro, Inc. v. Ohio Dept. of Commerce, Div. of State Fire Marshal, 115 Ohio St. 3d 375, 875 N.E.2d 550, 2007 Ohio 5024, the Ohio Supreme Court recognized that res judicata can be applied to prevent either a modification or a collateral attack on a previous judgment. Id., P 34, citing Grava v. Parkman Twp. (1995), 73 Ohio St.3d 379, 381-382, 1995 Ohio 331, 653 N.E.2d 226. However, unlike res judicata, which applies only to parties and their privies, the collateral attack doctrine can be applied to both parties and nonparties. Id., P 35. Accordingly, "a collateral attack on a judgment issued by a different court in a civil case will succeed only when the first ruling was issued without jurisdiction or was the product of fraudulent conduct." Id., P 37.