Bobby Leon Gibson v. Williams, Williams & Montgomery, P.A.
186 So. 3d 836
Miss.2016Background
- Debbie Gibson was placed under conservatorship; conservator Michael Miles spent most of her funds, leaving ~$4,000 at death. Bobby Gibson signed a waiver/joinder in the conservatorship proceeding.
- Debbie’s will named Bobby as beneficiary of certain real property, two bank accounts, and $400,000 life‑insurance proceeds; many assets failed to pass to Bobby because accounts were drained or property passed outside the will.
- Attorney Joseph Montgomery of WWM met with Bobby, encouraged him to sign a combined probate petition and to contribute $50,000 of his life‑insurance proceeds to satisfy a bequest, allegedly promising Bobby sentimental guns in return.
- By signing the combined petition (which Montgomery signed as “Attorney for Petitioners”), Bobby allegedly waived rights to renounce/contest the will; he later claimed he was not informed of the conservatorship depletion or the renunciation consequences.
- Bobby filed a malpractice and fiduciary‑duty suit against Montgomery/WWM after estate closure; the trial court granted summary judgment for defendants, invoking waiver/abandonment and lack of attorney‑client relationship. The Supreme Court of Mississippi reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preclusion by res judicata / collateral estoppel | Gibson: prior estate closing did not adjudicate malpractice claims; petition to re‑open was not decided | Montgomery/WWM: same facts were litigated; estate closure bars relitigation | Rejected — res judicata/collateral estoppel do not apply because causes/issues differ and the petition was not actually litigated or decided |
| Judicial estoppel | Gibson: he signed petitions inadvertently or on bad advice; he did not benefit from prior positions | Montgomery/WWM: Gibson previously affirmed positions by joinder/signatures and benefitted, so he is estopped | Rejected — first two elements satisfied but inconsistent positions were at least inadvertent and Gibson did not benefit; judicial estoppel inapplicable |
| Statutory thirty‑day refiling (Miss. Code §11‑1‑39) | Gibson: not required to refile under Miss. R. Civ. P.; procedural rule governs refiling | Montgomery/WWM: failure to refile in chancery within 30 days mandates dismissal | Rejected — §11‑1‑39 does not require refiling; Rule 15/other civil rules control pleadings |
| Existence of triable issues for malpractice/fiduciary duty (attorney‑client, negligence, causation) | Gibson: Montgomery represented himself as counsel (signed as attorney), advised actions that waived rights and caused loss; fiduciary duty may arise even absent formal client status | Montgomery/WWM: no attorney‑client relationship; no causation; no fiduciary duty | Reversed — genuine issues of material fact exist as to attorney‑client relationship, negligence, proximate cause, and possible fiduciary duties; summary judgment improper |
Key Cases Cited
- Burleson v. Lathem, 968 So. 2d 930 (Miss. 2007) (standard of review for summary judgment)
- Kirk v. Pope, 973 So. 2d 981 (Miss. 2007) (elements of judicial estoppel)
- Pierce v. Cook, 992 So. 2d 612 (Miss. 2008) (elements of negligence‑based legal malpractice)
- Crist v. Loyacono, 65 So. 3d 837 (Miss. 2011) (trial‑within‑a‑trial test for proximate causation in malpractice)
- Baker Donelson Bearman Caldwell & Berkowitz, P.C. v. Seay, 42 So. 3d 474 (Miss. 2010) (attorneys may owe fiduciary duties to third parties under certain facts)