...disputed taxes did violate the automatic stay. A. The Merger Doctrine The doctrine of merger is a subset of res judicata and precludes a plaintiff...merged into the money judgment. It therefore rejected Taxel's motion for contempt, concluding that the State's retention of the disputed taxes could not, under the doctrine of merger, be a continuing...violation of the automatic stay. We decline the State's invitation to adopt the reasoning of the bankruptcy court. The bankruptcy court's analysis stretches the doctrine of merger beyond...

...Deceptive Trade Practices Act involves the issue of whether the doctrine of merger applies in a suit under the Act based on breach of an express warranty. After a jury trial, the district court...reversed the judgment of the trial court and rendered a take-nothing judgment against Alvarado predicated on the holding that the doctrine of merger applied.... 714 S.W.2d 119. We hold that the doctrine of merger is not applicable, reverse the judgment of the court of appeals and remand this cause to that court. In 1973, Bolton, as...

...' breach of contract claim on the grounds that it was barred under the doctrine of merger. The relevant facts follow. On May 3, 1999, plaintiffs entered into a written contract to...oversimplification of the law regarding the doctrine of merger. Under Illinois law, the doctrine of merger is not absolute. See, e.g., Trapp v...doctrine is not the absolute bar to plaintiffs' claim for breach of the express warranty in the contract that defendants assert it to be. Instead, the applicability of the merger doctrine here first requires a determination of whether...

...adduce clear and convincing proof that defendant Kirchner intended to abandon the easement. We also find no error in the trial court's refusal to consider the doctrine of merger since...plaintiff concededly failed to advance this theory in her complaint. Moreover, even if the trial court had considered the doctrine of merger, it would not have extinguished the easement because...the dominant and servient tenements never came into ownership of the same person. An easement is "not extinguished under the doctrine of merger by the acquisition by the owner of the dominant or...

.... The common law doctrine of merger of estates is recognized in New Mexico case law. Padilla v. Sais, 76 N.M. 247..., 128 P.2d 289 (1942), Annot., 143 A.L.R. 93 (1943), and thus indicating that the doctrine of merger of estates is not to be applied rigidly and mechanically, as it was...at common law. In Mobley v. Harkins, supra, the more recent history of the doctrine of merger of estates is briefly and succinctly stated...

...attempt when shown to be successful was due to the general English doctrine of merger and not to any unusual requirement in the law of attempt. A...clear that the rule is historically and logically one aspect of the wider doctrine of merger of misdemeanor in felony. The English doctrine of merger of offenses..., 205 Md. 470, 109 A.2d 89, 92 (1954), after pointing out that the doctrine of merger is not favored today, the court observed...

...the doctrine of merger. We disagree. ¶ 5 Wife cites to the merger doctrine associated with the transfer of real property. That doctrine, as cited, albeit to an incorrect case, by.... ¶ 6 First, we find that the doctrine of merger does not apply in this action where Husband's claim arises from the PSA, and not from a contract related to this sale.... See Juniata Valley Bank v. Martin Oil Co., 736 A.2d 650, 661 (Pa.Super. 1999) (holding doctrine of merger did not prohibit bank's claim...

...dismissing their petition based on the "Doctrine of Merger". We agree on procedural grounds and reverse and remand. 2] FACTS On...July 25, 1995, basing its dismissal upon the execution and delivery of the deed, which the court found implicated the "Doctrine of Merger". On November 8, 1995, the trial court entered a default...sole point on appeal that the trial court erred in applying the doctrine of merger and dismissing their petition against the respondents for damages, costs and attorney's fees as a result of a breach of...

...of the notes. The minerals having been reserved in the deed by apt language, the title thereto never passed from Kennedy by the deed, but at all times reposed in him, so that under the doctrine of merger the...respectively. They cannot merge in the former, to the extinguishment of his separate title to the minerals for the reasons following: (a) The doctrine of merger applies only to...in his own right and another as trustee. (P. 261). (c) The existence of an intermediate estate, such as the equitable one of the purchaser in this case, will prevent the merger of the title to the minerals with the fee retained by the vendor. (Pp. 261, 262). (d) The doctrine of...

...which were concerned with merger of sales provisions in land sales contracts, and none of which involved the question of whether or not the "build" provisions of a build-sell agreement also should merge into the deed. If the doctrine of...merger by deed were to be a complete bar to all building construction related claims, as suggested by the builder-seller, then the doctrine of caveat emptor never...doctrine of merger by deed does not bar the enforcement of such independent or collateral undertakings simply because they are expressed in a writing containing terms of sale which merge into the...

...invoices. The trial court conducted a hearing on the motions. Upon review of the arguments of counsel, the trial court entered summary judgment in favor of appellees based upon the doctrines of merger and election of remedies. The trial court concluded that, pursuant to these doctrines, the February 14, 1995 Bahamian default judgment barred Diamond Fertilizer from proceeding against the appellees in the Florida courts based upon the same underlying debt. This conclusion was incorrect. The doctrine of...merger provides that a cause of action upon which an adjudication is predicated merges into the judgment and that, consequently, the cause of action's independent existence perishes upon entry of the judgment. See Vernon v. Service Trucking, Inc., 565 So.2d 905, 906 (Fla. 5th DCA 1990). The doctrine of...merger is based on the reasoning that the judgment is considered to be superior to the cause of action on which it is founded. 32 Fla. Jur. 2d Judgment and Decree § 113 (1994). By extinguishing the cause of action on which a judgment is based, the doctrine of...

...: 1) The doctrine of merger is applicable to juvenile delinquency proceedings. 2) Under the doctrine of merger, an adjudication that a child is delinquent...: The finding of "simple possession" of cocaine must be vacated under the doctrine of merger. They conclude their argument...disposition hearings. The objective of the Petitioners founders on the shoals of their erroneous concept of the effect of the application of the doctrine of merger. II...

...doctrine of merger operates to extinguish a cause of action on which a judgment is based and bars a subsequent action for the same cause. See Brinker...of the checks at issue here. Accordingly, the trial court's adjudication of merger must have been predicated on extrinsic evidence. The doctrine of merger is comparable to res...(Fla. 1956). In identifying the issues previously adjudicated in order to apply the doctrine of either res judicata or estoppel by judgment, the court may consider only the record of that prior action. The same principle logically applies to the doctrine of merger. Therefore...

...cause of action defendant moved to dismiss alleging that it was barred by the doctrine of merger. Supreme Court granted defendant's motion and...this appeal by plaintiffs ensued. Because the doctrine of merger is inapplicable to causes of action alleging fraud, defendant did...not move for summary judgment until the fraud claim was withdrawn by plaintiffs. Under the well-established doctrine of merger, provisions in a contract for the sale of real...

...lien on the property, under the doctrine of merger, since the mortgagors, Kenneth and Lilly Brandon, executed a warranty deed in lieu of foreclosure to Peoples Bank. The trial court granted summary...for the New Hampshire Supreme Court in Stantons v. Thompson, 49 N.H. 272 (1870), wrote: "In fact, the doctrine of merger springs from the fact that when the entire equitable...the mortgage and deed, had executed a mortgage to a third party, which was duly recorded. The third party sought to have its mortgage elevated to a first lien on the property, through the doctrine of merger. We...

...ruled that arrearage that accrued under the provisional order was not enforceable, pursuant to the "merger" doctrine. 5. That of the...claims that the trial court abused its discretion in denying the motion to correct error because the trial court erroneously determined that the doctrine of merger prohibited the State from bringing an...original claim, because the doctrine of merger operates to extinguish a cause of action on which a judgment is based and bars a subsequent action for the same cause...

...doctrine of merger as applied in this court's ruling in the case of Dunn v. Ponceler, 230 Ala. 375.... Ponceler decision which holds the doctrine of merger operates to invalidate a trust where two or more trustees are also the named beneficiaries of the trust. The Bank makes two points...in its argument: (1) the doctrine of merger, as applied in the Dunn case, invalidated the Webb Trust ab initio because the trust beneficiaries and trustees are identical and (2) the Webb...

.... The doctrine of merger, relied upon by defendant, usually is more appropriate as a matter of defense on the part of a vendor. See, Annot., 38 A.L.R.2d 1310...agreement. Those latter aspects are generally referred to in the cases as "collateral matters" which are not affected by the doctrine of merger. The line of demarcation between what is...and is not covered by the doctrine of merger was discussed and a New York opinion quoted with approval in Frisbie v. Scott, 199 Mo.App. 131, 201 S.W. 561 (1918...

...doctrine of merger, and for dismissal of the rape and sodomy counts for lack of geographical jurisdiction, defendant pleaded guilty to the kidnapping and rape counts in full satisfaction of the...dismiss the kidnapping charge on the ground that the doctrine of merger barred prosecution for that crime. The People correctly argue that defendant's plea of guilty waived any right to challenge this...53 N.Y.2d 338 ). We, therefore, need not reach the issue concerning the doctrine of merger in this case. Defendant's next...

.... In resolving the valuation problem, the trial court mechanically applied the doctrine of merger without considering the intent of the..., 1245 (Fla. 3d DCA 1983). Lassiter cites Contos to support his contention that equity prevents the application of the doctrine of merger in this case because merger...as unencumbered by the lease. Thus, the court found it unnecessary to apply the doctrine of merger to reach the result for which the parties had bargained...