Alexander v. CobbAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court ruling that a prior final circuit court order had a preclusive effect on Appellant's claims regarding her ownership rights in parcels of property, holding that the circuit court did not err.
Linda and David were the children of George and Dorothy, who owned properties as tenants in common. After George died, Dorothy executed deeds of gift purporting to convey the properties to Linda. The circuit court voided the purported conveyance. Dorothy then executed deeds of sale regarding the properties, purporting to vest complete fee simple ownership of the properties in Linda. A commissioner concluded that a determination that the deeds of sale from Dorothy conveyed 100 percent fee simple ownership of the properties to Linda was barred by collateral estoppel. After Dorothy died, David filed a complaint asserting that he had an interest in the properties. The circuit court concluded that Linda held a seventy-five percent interest and David a twenty-five percent interest in fee simple absolute in the properties. The Supreme Court affirmed, holding that the circuit court did not err in ruling that claim preclusion barred Linda from relitigating her claim of a 100 percent ownership interest in the properties and in determining the ownership of the properties.