Norris v. Davis (Majority, with Dissenting)Annotate this Case
Appellant was a signatory to a family settlement agreement concerning a will that was subsequently approved by the circuit court. The agreement distributed a portion of the assets of the decedent’s estates to the estate of a minor, K.P. Appellant later filed a motion to set aside the family-settlement agreement, alleging that, after the circuit court had approved the agreement, Appellant discovered that K.P. was not the decedent’s natural child and that K.P.’s mother had falsely claimed that K.P. was the decedent’s natural child. The circuit court dismissed Appellant’s motion on the basis of res judicata, finding that the issues of paternity and proportionate entitlement to inherit had already been litigated. The court also dismissed Appellant’s motion to compel discovery as moot. The Supreme Court affirmed, holding that the circuit court properly concluded that its ruling on res judicata rendered moot Appellant’s motion to compel discovery.