Kossol v. Ashton Condominium Association
In Kossol v. Ashton Condominium Association, C.A. No. 92C-02-0166, 1994 WL 10861 (Del. Jan. 6, 1994), the plaintiff brought suit against Kossol for certain common expenses relating to the maintenance and operation of the Ashton Condominiums, plus attorney's fees.
At trial the justice of the peace court amended the complaint to eliminate the request for attorney's fees from the case. Thereafter, the magistrate awarded judgment in favor of Ashton in the amount of $ 249.00. Ashton subsequently filed another suit for attorney's fees against Kossol in the Justice of the Peace Court.
A representative from Ashton failed to appear at the hearing and judgment was entered in favor of Kossol. Ashton appealed to the Superior Court and the Superior Court ruled in favor of Ashton. On appeal to the Delaware Supreme Court it was held that Ashton had split his cause of action and the claim for attorney's fees was barred by the doctrine of res adjudicata. Id.