Jones v. Miller (Majority, with Dissenting)Annotate this Case
Upon the divorce of Thomas Jones and Kimberly Miller the circuit court entered a final order awarding Kimberly a $20,687.75 judgment against Thomas. The circuit court issued a writ of execution directing the sheriff to take possession and sell four vehicles owned by Thomas to satisfy Thomas’s indebtedness to Kimberly. Ollye Mae Jones, who was not married to Thomas at the time, unsuccessfully moved to intervene in the action. Ollye Mae and Thomas later filed a petition for replevin seeking possession of the four vehicles, asserting that the vehicles had been wrongfully taken from them. The circuit court dismissed the replevin action, concluding that the petition was barred by the doctrines of law of the case, res judicata, and collateral estoppel; that Ollye Mae and Thomas lacked standing; and that the petition failed to state a cause of action upon which relief can be granted. The Supreme Court summarily affirmed the circuit court’s dismissal of the replevin action because Ollye Mae and Thomas did not challenge all the grounds that the circuit court relied on in making its decision.