Read the following excerpt from a US court opinion:
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majority correctly points out that certain federal courts recognize the application of res judicata to a dismissal without prejudice under a factual scenario similar to this case. Majority Opinion ¶ 8. However, our appellate courts appear to disagree with this federal position 9, ¶¶ 9-10, 141 N.M. 127, 151 P.3d 88 (denying the application of res judicata to the dismissal of a foreclosure action without prejudice that was based upon significant inactivity by the bank); Salazar v. Yellow Freight Sys., Inc., 1990-NMCA-003, ¶¶ 11-13, 109 N.M. 443, 786 P.2d 57 (denying the application of res judicata to a recommended decision arising during the first of two workers’ compensation administrative proceedings where the first claim was dismissed without prejudice); Bralley, 1985-NMCA-043, ¶ 18 ; Chavez v. Chenoweth, 1976-NMCA-076, ¶¶ 25-27,
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that the words without prejudice when used in an order or decree generally indicate that there has been no resolution of the controversy on its merits and leaves the issues in litigation open to another suit as if no action had ever been brought
B. holding that the circuit courts order concluding that it was without jurisdiction to entertain a complaint because the case had been dismissed without prejudice constituted a final order because all other claims either had been refiled or dismissed with prejudice
C. holding that a sua sponte dismissal by the court for failure of the plaintiff to comply with an order of the court should operate as an adjudication on the merits because the defendant has been put to the trouble of preparing his defense because there was no initial bar to the courts reaching the merits
D. holding if there has been no termination of employment there has been no layoff or reduction in force
E. holding that review is de novo where there has been no adjudication on the merits in state court
Reply with [A, B, C, D, E] only.