context: Harvest States argues that collateral estoppel can be based on a dismissal for want of jurisdiction. While we have never addressed this specific issue, we believe that Harvest States' argument has merit. This court has held that an order that is not technically a "judgment" can still give rise to issue preclusion if it is an appealable final judgment for purposes of Appellate Rule 202.
citation_a.signal: see also
citation_a.identifier: 413 P.2d 165, 168
citation_a.parenthetical: an order dismissing a complaint for lack of jurisdiction over an indispensable party is an appealable order under the predecessor to Appellate Rule 202
citation_a.sentence: See Calhoun v. Greening, 636 P.2d 69, 72-73 & n. 4 (Alaska 1981) (because denial of Civil Rule 60(b) motion is appealable under Appellate Rule 202, it will be treated as final judgment for res judicata purposes); see also City of Fairbanks v. Electric Distrib. Sys., 413 P.2d 165, 168 (Alaska 1966) (an order dismissing a complaint for lack of jurisdiction over an indispensable party is an appealable order under the predecessor to Appellate Rule 202).
citation_b.signal: see
citation_b.parenthetical: because denial of Civil Rule 60(b) motion is appealable under Appellate Rule 202, it will be treated as final judgment for res judicata purposes
citation_b.sentence: See Calhoun v. Greening, 636 P.2d 69, 72-73 & n. 4 (Alaska 1981) (because denial of Civil Rule 60(b) motion is appealable under Appellate Rule 202, it will be treated as final judgment for res judicata purposes); see also City of Fairbanks v. Electric Distrib. Sys., 413 P.2d 165, 168 (Alaska 1966) (an order dismissing a complaint for lack of jurisdiction over an indispensable party is an appealable order under the predecessor to Appellate Rule 202).