¶2I agree that the summary judgment must be reversed, and I concur in the main opinion. To the extent that the trial court may have concluded that the bankruptcy court's judgment of dismissal, which was based upon a failure to comply with a pretrial order, triggered the principle of collateral estoppel (as opposed to the doctrine of res judicata), I note that a necessary element of collateral estoppel is missing,i.e., resolution of the validity of Roberson's claim was not necessary in the earlier proceeding (see Martin v.Reed, 480 So.2d 1180, 1182 (Ala. 1985)).
¶3CRAWLEY, P.J., joins.