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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/resndjmts0044 and id is 1 raw text is: JUDGMENTS 2D CHAPTER 1. INTRODUCTION Relation Between Law of Res Judicata and Law of Procedure Tenn.2021. Quot. in sup. Lender sued borrower for breach of a promissory note. The trial court granted borrower's motion to dismiss, finding that lender's claim was barred by res judicata arising from the sua sponte dismissal for failure to prosecute of lender's prior action against borrower for breach of the same note. The court of appeals affirmed. This court reversed the decision of the court of appeals, vacated the trial court's judgment, and reinstated lender's complaint, holding that the doctrine of res judicata did not apply under the Restatement Second of Judgments, because the court in the prior action manifested an intention on the record that its judgment would not bar another action on the same claim. Regions Bank v. Prager, 625 S.W.3d 842, 847. CHAPTER 2. VALIDITY OF JUDGMENTS TOPIC 3. SUBJECT MATTER JURISDICTION § 11. Subject Matter Jurisdiction C.A.5, 2021. Cit. in sup. Law firm that represented decedent's nephew individually, in his capacity as administrator of decedent's estate, and as trustee of decedent's trust, sued the trust, seeking to recover fees incurred in representing nephew in an action for breach of fiduciary duty filed by beneficiaries of the estate; law firm later added the estate as a defendant, and the parties entered an agreed judgment. After nephew was removed as trustee for his breaches of fiduciary duties, the district court granted the successor trustee's motion for relief from the agreed judgment, finding that the district court lacked subject-matter jurisdiction in that action, because diversity was destroyed when law firm amended its complaint to add the estate as a defendant. The court rejected law firm's argument that the district court's subject-matter jurisdiction was res judicata, reasoning that the district court's lack of subject- matter jurisdiction robbed its judgment of preclusive effect under Restatement Second of Judgments §§ 11 and 12. Mitchell Law Firm, L.P. v. Bessie Jeanne Worthy Revocable Trust, 8 F.4th 417, 420. § 12. Contesting Subject Matter Jurisdiction C.A.5, 2021. Cit. and quot. in sup. Law firm that represented decedent's nephew individually, in his capacity as administrator of decedent's estate, and as trustee of decedent's trust, sued the trust, seeking to recover fees incurred in representing nephew in an action for breach of fiduciary duty filed by beneficiaries of the estate; law firm later added the estate as a defendant, and the parties entered an agreed judgment. After nephew was removed as trustee for his breaches of fiduciary duties, the district court granted the successor trustee's motion for relief from the agreed judgment, finding that the district court lacked subject-matter jurisdiction in that action, because diversity was destroyed when law firm amended its complaint to add the estate as a defendant. The court rejected law firm's argument that the COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America AIL -m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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