Cain v. Jacox
302 Kan. 431
| Kan. | 2015Background
- Cain sought postjudgment interest on Kansas child support arrearages; Texas proceeding under UIFSA ordered a judgment in 2011 without interest; Cain appeared but was not a formal party in Texas; SRS enforcement limit prevents interest calculation in Texas; Kansas district court hadn’t reduced interest to a specific amount; Kansas appellate courts held res judicata barred, then Supreme Court granted review; Court held Cain and Texas AG were not in privity for res judicata; case remanded for calculation of postjudgment interest and awarded appellate fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Cain's claim for interest | Cain argues Texas judgment bars later claim | Jacox argues Texas judgment and parties meet res judicata | Not barred; no privity; remand for calculation of interest. |
| Whether Cain and Texas Attorney General were in privity for res judicata | Cain and Texas AG had same interest in arrearages | No meaningful identity of interests; not in privity | Not in privity; same-party element not met. |
| Whether UIFSA/ Kansas law permits Texas to calculate/postjudgment interest | Texas could not or did not include interest due to Kansas order | Texas had authority under UIFSA to compute; error not appealable | Texas could not fix interest absent amount certain; issue not controlling after privity ruling; remand for calculation. |
| Scope of district court duty after remand | Cain entitled to interest calculated by district court | Remand to district court for calculation | Remanded for calculation of postjudgment interest. |
| Award of appellate attorney fees | Cain entitled to appellate fees | Opposed | Appellate fees awarded to Cain; amount reasonable. |
Key Cases Cited
- Comm'rs of Wilson Co. v. McIntosh, 30 Kan. 234 (1883) (res judicata and justice-based foundations; liberal application then varies by case)
- In re Tax Appeal of Fleet, 293 Kan. 768 (2012) (four elements of res judicata: same claim, same parties, raised or raisable, final judgment)
- Reed, Estate of, 236 Kan. 514 (1985) (liberal application of res judicata to vindicate justice)
- Swigart v. Knox, 165 Kan. 410 (1948) (res judicata framework; flexible/common-sense construction)
- Goetz v. Board of Trustees, 203 Kan. 340 (1969) (privity analysis requires circumstance-specific fairness)