397 S.W.3d 564
Tenn. Ct. App.2012Background
- Trust established by Helen B. Goza in 1991, amended March 1999 and April 1999; Morrow, as administrator or heir, challenges disposition provisions for remaining trust assets; April 1999 Agreement purported to provide full disposition of assets; Goza died in 2007; trial court held petition barred by res judicata in light of Goza I; Goza I held the April 1999 Agreement valid for disposition of remaining assets; probate court proceedings culminated in a July 22, 2011 judgment; SunTrust defended asset disposition under April 1999 Agreement; appellate review concerns whether res judicata bars present petition to turn over assets; issue presented mirrors Goza I; this court affirms on res judicata grounds and addresses fee award procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata barsMorrow’s petition to turn over assets | Morrow argues two actions differ in capacity and thus not precluded | Appellees contend Goza I settled the dispositive issue and privity between parties exists | Yes; petition barred by res judicata |
| Whether the April 1999 Agreement validly disposes of assets remaining in the Trust | Morrow asserts March Agreement controls; April Agreement invalid | April Agreement valid and governs disposition | Affirmed that April 1999 Agreement valid for disposition of assets |
Key Cases Cited
- Regions Financial Corp. v. Marsh USA, Inc., 310 S.W.3d 382 (Tenn. Ct. App. 2009) (broad definition of res judicata; collateral estoppel principles apply when appropriate)
- Penn-America Ins. Co. v. Crittenden, 984 S.W.2d 231 (Tenn. App. 1998) (preclusion of claims; declaratory judgments can have later preclusive effect)
- Beaty v. McGraw, 15 S.W.3d 819 (Tenn. Ct. App. 1998) (collateral estoppel; final judgments promote finality)
- Aclin v. Speight, 611 S.W.2d 54 (Tenn. App. 1980) (prior final construction of a will bars relitigation by privies)