When affirmative defense (res judicata) is raised in a civil case a responsive motion and the district court fails to mention or rule on it - could it later be argued that the final court order is void or voidable for lack of subject matter jurisdiction?
Answer
Your post is not entirely clear. If you face this issue, you should confer with your attorney, i.e., the attorney who represented you in the case and she/he can advise you. Be aware that in nearly all matters of law there are rigid time deadlines for you to assert claims, etc.
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