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Keywords

litigationappealtrialsummary judgmentfiduciarytrustfiduciary dutybreach of fiduciary duty

litigationtrialfiduciarytrustfiduciary dutybreach of fiduciary duty

Related Cases

Woodward v. Woodward, 192 So.3d 528, 41 Fla. L. Weekly D1073

Facts

Mary T. Woodward established a trust for her grandchildren in 1972, naming her son Orator as the trustee. In 1996, Gregor Woodward filed a complaint against Orator for breach of fiduciary duty, alleging failures in accounting and improper use of trust assets. The 1996 action was dismissed with prejudice, and in 2002, Orator transferred the trust assets to two new trusts. In 2011, Orator served accountings for the trusts, prompting Gregor to file a new suit in 2012, claiming breach of fiduciary duty related to the termination of the original trust.

In 1996, Gregor Woodward, a beneficiary of the trust, filed an amended complaint against Orator for breach of fiduciary duty. Gregor alleged that Orator failed to make an accounting since the trust's inception, improperly mortgaged real property in the trust, and improperly used the trust to pay education expenses.

Issue

Did the trial court err in finding that res judicata and laches barred Gregor's 2012 action against Orator?

Rule

Res judicata bars relitigation of a claim if there is identity in the thing sued for, identity of the cause of action, identity of persons and parties, and identity of the quality in the person for or against whom the claim is made. Laches bars an action unless it is commenced within the time provided for legal actions concerning the same subject matter.

Res judicata bars relitigation of a claim decided in a prior final adjudication if the subsequent claim satisfies the following four elements: '1) identity in the thing sued for; 2) identity of the cause of action; 3) identity of persons and parties of the action; and 4) identity of the quality in the person for or against whom the claim is made.'

Analysis

The court found that the claims in the 2012 action were based on different facts than those in the 1996 action, thus there was no identity of cause of action, and res judicata did not apply. Additionally, the court determined that laches did not apply because Gregor filed his suit within six months of receiving the accounting, which was the first time he was aware of the trust's termination and his lack of beneficiary status in the new trusts.

The trial court erred in finding that res judicata barred the 2012 action. Because the facts and events that gave rise to the 2012 action are different from the 1996 action, identity of the cause of action is not present, and res judicata does not apply.

Conclusion

The District Court of Appeal reversed the trial court's order granting summary judgment in favor of the trustee and remanded the case for further proceedings.

In sum, we find that neither res judicata nor laches barred the 2012 action. As such, we reverse and remand for further proceedings.

Who won?

Gregor Woodward prevailed in the appeal because the court found that the trial court erred in applying res judicata and laches, allowing his claims to proceed.

We find that res judicata does not apply because there is no identity of the cause of action.

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