[DOWNLOAD] "Hans Juergen Eberbach v. Ronald L." by Second District Court of Appeals of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Hans Juergen Eberbach v. Ronald L.
- Author : Second District Court of Appeals of Indiana
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant-plaintiff David Moxley is appealing an adverse summary judgment rendered by the Shelby Circuit Court in a tort action alleging misconduct and mismanagement by his former guardian, Indiana National Bank. Moxley requested actual damages of $2,326,704 and punitive damages of $3,500,000. The trial court granted summary judgment on the basis that the issues in the present civil case had been adjudicated in the Marion County Superior Court, Probate Division (hereinafter referred to as probate court) by a judgment which approved, after lengthy hearings, the Banks final accounting and discharge as guardian of Moxley. Moxley claims there are issues involving acts of misconduct by the Bank which were not litigated in the probate proceedings and he is entitled to litigate these issues in a separate civil action. We find the trial court correctly determined the probate court judgment to be res judicata and affirm.