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Posted by: Tanja Trezise on Dec 22, 2014

Court: TN Court of Appeals

Attorneys 1:

Larry E. Parrish, Memphis, Tennessee, for the appellant, The Estate of John J. Goza.

Attorneys 2:

Kenneth P. Jones and M. Matthew Thornton, Memphis, Tennessee, for the appellee, SunTrust Bank, N.A.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Acting Solicitor General; and Janet M. Kleinfelter, Deputy Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge(s): GIBSON

This is an appeal from a probate court order denying an Estate’s request to enter a writ of scire facias to show cause why a bank acting as trustee of certain funds should not be divested of those funds. The probate court determined in a prior case that the Estate’s claim to the funds was barred by res judicata. The court of appeals affirmed the probate court’s order and remanded the case for the sole purpose of resolving issues related to an award of attorney’s fees to the bank. On remand, the Estate filed its request for a writ of scire facias before the court addressed the issue of attorney’s fees. The probate court denied the Estate’s motion, stating that it raised the same issues that multiple courts determined were barred by res judicata. The Estate appealed. We affirm the judgment of the probate court and award damages for frivolous appeal under Tennessee Code Annotated section 27-1-122.