Patsy White v. Troy Denton
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DIVISION II
CA07258
November 28, 2007
PATSY WHITE
APPELLANT
APPEAL FROM THE POLK COUNTY
CIRCUIT COURT
[NO. CV2006003]
V.
HON. J. W. LOONEY,
CIRCUIT JUDGE
TROY DENTON
APPELLEE
AFFIRMED
Patsy White appeals from the grant of summary judgment in favor of Troy Denton,
finding that White’s law suit was “precluded” by collateral estoppel and res judicata. On
appeal, White argues that the trial court erred when it granted summary judgment. We affirm.
White is the feesimple owner of timberland in Polk County, subject to a life estate in
the property held by her brother, Kenneth T. Halcumb. In the summer of 2004, Halcumb
contracted with Denton to cut and remove timber from the property. On December 3, 2004,
White sued her brother for conversion of the timber and for damage to the property. She
alleged that the property sustained damage in excess of $100,000 plus more than $25,000 in
cleanup and replanting costs. She also prayed for treble damages for the value of the
converted timber. Pursuant to her complaint against Halcumb, White obtained a $31,202.80
judgment on December 12, 2005. In that judgment, the trial court denied White’s prayer for
treble damages, finding that Arkansas Code Annotated section 1860102 (Repl. 2003) was
not applicable. It also failed to award damages for clean up or replanting of the timber. White
did not appeal. A satisfaction of judgment was entered three days after the entry of the
judgment.
On January 10, 2006, White filed a complaint against Denton for trespass and
conversion of her timber. She again sought treble damages for the wrongful removal of the
timber. Denton timely answered, admitting that he had cut timber on the property upon which
Halcumb resided, but generally denying all of White’s other allegations. Denton filed a
motion for summary judgment on March 13, 2006, asserting that White’s complaint was
barred by the doctrine of res judicata. He contended that White’s claim was resolved by a
judgment in her suit against Halcumb. After a hearing, the trial court agreed and dismissed
White’s complaint.
On appeal, White argues that the trial court erred in granting summary judgment.
Citing the Arkansas Contribution Among Tortfeasors Act, codified at Ark.Code Ann. §§ 16
61201 through 1661212 (Repl. 2005), she argues that recovery of a judgment against one
joint tortfeasor did not discharge the other joint tortfeasor. She asserts that Denton acted
“jointly” with Halcumb to commit the torts of trespass and conversion of her timber, but
contends that Denton is “independently liable” for those acts. White argues that her cause of
action against Denton is not barred by res judicata because “she has not had a full opportunity
to pursue [Denton] as a joint tortfeasor.” Citing Womack v. Maner, 227 Ark. 786, 301
S.W.2d 438 (1957), she asserts that “no valid contract could be interpreted to have existed
between Denton and Halcumb,” and therefore Denton was not “in privity” with Halcumb.
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She acknowledges that she received as damages the amount of money, that Halcumb sought
to collect from the timber, but asserts that the judgment “did not include or address” the
remaining alleged damages that she claimed. We find this argument unpersuasive.
When we review the grant of summary judgment where there is not a question of
whether factual issues exist, but rather whether it was proper for the trial court to apply the
doctrine of res judicata, we simply determine whether appellee was entitled to judgment as
a matter of law. Ruth R. Remmel Revocable Trust v. Regions Fin. Corp., 369 Ark. 392, ___
S.W.3d ___ (2007). The term res judicata encompasses both issue and claimpreclusion. Id.
Under claim preclusion, a valid and final judgment rendered on the merits by a court of
competent jurisdiction bars another action. Id. Res judicata bars not only the relitigation of
claims that were actually litigated in the first suit but also those that could have been litigated.
Id. Furthermore, the doctrine of res judicata provides that a valid and final judgment rendered
on the merits by a court of competent jurisdiction bars another action by the plaintiff or his
privies against the defendant or his privies on the same claim or cause of action. See id.
When a case is based on the same events as the subject matter of a previous lawsuit, res
judicata will apply even if the subsequent lawsuit raises new legal issues and seeks additional
remedies. Id. The key question regarding the application of res judicata is whether the party
against whom the earlier decision is being asserted had a full and fair opportunity to litigate
the issue in question. Id.
In the first place, we note that the Arkansas Contribution Among Tortfeasors Act is not
applicable to the case at bar. As stated in the Commissioners’ Prefatory Note to the 1939
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uniform act, the purpose of the statute was to establish a “common policy” for “loss
distribution among joint tortfeasors.” It does not, as White suggests, give a plaintiff the right
to sue each of multiple tortfeasors individually for the same damages. Scogin by Scogin v.
TexArk Joist Co., 281 Ark. 175, 662 S.W.2d 819 (1984) (holding the Uniform Contribution
Among Joint Tortfeasors Act does not preclude application of the doctrine of collateral
estoppel). The doctrine of collateral estoppel is based on the policy of limiting litigation to
one fair trial on an issue. Id. We note that White did recover a judgment for the very claims
that she subsequently attempted to assert against Denton. If she was unsatisfied with the
amount of the judgment, her remedy was appeal. As our supreme court stated in Francis v.
Francis, 343 Ark. 104, 31 S.W.3d 841 (2000),
The test in determining whether res judicata applies is whether the matters
presented in a subsequent suit were necessarily within the issues of the former
suit and might have been lititigated therein . . . [W]hen the case at bar is based
on the same events and subject matter as the previous case, and only raises new
legal issues and seeks additional remedies, the trial court is correct to find the
present case is barred by res judicata.
Here, White’s suit against Denton arose from the same wrongful cutting of her timber and the
damages that she seeks are identical. Arguably, she asserts a somewhat different legal theory,
negligence, as a basis for imposing liability against Denton, however, under the holding in
Francis, that fact is of no moment.
Likewise, White’s reliance on Womack, supra, for the proposition that Halcumb and
Denton were not in privity, is misplaced. In Womack, the supreme court declined to reverse
a trial court’s decision denying recovery of bribe money that the appellant had paid to avoid
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prosecution of his gambling enterprise. In that case, the supreme court stated, “the general
rule is, that where an illegal contract has been made, neither the courts of law nor of equity
will interpose to grant any relief to the parties, but will leave them where it finds them.” In
the instant case, White was not a party to the contract, and there was no finding that the
contract between Denton and Halcumb was an illegal contract. Accordingly, Womack is
completely inapposite. Moreover, we note that in Francis, supra, our supreme court stated,
“the true reason for holding an issue to be res judicata is not necessarily the identity or privity
of the parties, but instead to put an end to the litigation by preventing a party who has had one
fair trial on a matter from relitigating the matter a second time.” Accordingly, we hold that
the trial court did not err in its application of the doctrine of res judicata to dismiss White’s
lawsuit.
Affirmed.
GLOVER and MILLER, JJ., agree.
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