Crowe v. Elder
290 Ga. 686
| Ga. | 2012Background
- Crowe challenged Elder's year’s support award from decedent's 2004 estate of about $3,000,000.
- Crowe sought to set aside the award, claiming Elder induced consent via fraud promising equal distribution.
- probate court dismissed Crowe's motion for lack of equity jurisdiction; superior court then granted summary judgment for Elder on fraud grounds.
- Crowe appealed; Court of Appeals affirmed the dismissal under Rule 36 (Crowe I).
- Crowe later filed a breach of contract claim in 2008 alleging Elder breached the distribution agreement; superior court held res judicata barred it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Crowe's breach claim | Crowe argues separate contract claim survives novelty. | Elder contends prior adjudication forecloses new claim. | Yes, res judicata bars the breach claim. |
| Identity of causes of action | Fraud and contract claims are distinct. | The facts and gravamen are the same underlying conduct. | Same cause of action; breach recharacterization not new. |
| Prior adjudication on the merits | Fraud and contract claims could be pursued separately. | Crowe had full opportunity to litigate related claims earlier. | Courts already addressed fraud on the merits; bar applies. |
| probate jurisdiction and effect on res judicata | Some claims may exceed probate scope; could be transferred. | Crowe chose forum and is bound by limitations and res judicata. | Even if outside probate, Crowe could have pursued in superior court; res judicata applies. |
Key Cases Cited
- Body of Christ Overcoming Church of God v. Brinson, 287 Ga. 485 (Ga. 2010) (sets res judicata prerequisites)
- Morrison v. Morrison, 284 Ga. 112 (Ga. 2008) (identity of causes of action matters)
- QoS Networks Ltd. v. Warburg, Pincus & Co., 294 Ga. App. 528 (Ga. App. 2008) (test for determining same cause of action)
- Greenway v. Hamilton, 280 Ga. 652 (Ga. 2006) (probate jurisdiction considerations)
- Mahan v. Watkins, 256 Ga. App. 260 (Ga. App. 2002) (choices about where claims could be brought)
- Hogg v. Hogg, 206 Ga. 691 (Ga. 1950) (caveat on tying fraud and related claims)
- Green v. Bd. of Directors of Park Cliff Unit Owners Assn., 279 Ga. App. 567 (Ga. App. 2006) (prior adjudication prerequisites and forum choice)
- Benefield v. Martin, 276 Ga. App. 130 (Ga. App. 2005) (jurisdictional considerations in probate-related matters)
- Heath v. Sims, 242 Ga. App. 691 (Ga. App. 2000) (fraud/blended claims in probate context)
- Smith v. Lockridge, 288 Ga. 180 (Ga. 2010) (restatement of res judicata when claims are duplicative)