Dean Blake v. Gary Gilbert and Haakon

The main issue in this appeal is whether the dismissal of a corporate plaintiffs action, for failure to pay its corporate tax and file its annual report as required by AS 10.05.720, operated as an adjudication on the merits, so as to bar a subsequent action on the ground of res judicata. The answer turns on whether such dismissal is one "for lack of jurisdiction" within the meaning of Alaska Civil Rule 41 (b). Other issues are: (1) whether the trial court erred in granting partial summary judgment under the statute of limitations, (2) whether the courts award of attorneys fees was improper, (3) whether the trial Judge should have been disqualified, and (4) whether the court erred in expunging plaintiffs notice of lis pendens.