In Re Dollie's Playhouse, Inc., Debtor, Dollie's Playhouse, Inc. v. Nable Excavating, Inc.

481 F.3d 998, 2007 U.S. App. LEXIS 8173, 48 Bankr. Ct. Dec. (CRR) 13, 2007 WL 1040318
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 9, 2007
Docket06-2687
StatusPublished
Cited by26 cases

This text of 481 F.3d 998 (In Re Dollie's Playhouse, Inc., Debtor, Dollie's Playhouse, Inc. v. Nable Excavating, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Dollie's Playhouse, Inc., Debtor, Dollie's Playhouse, Inc. v. Nable Excavating, Inc., 481 F.3d 998, 2007 U.S. App. LEXIS 8173, 48 Bankr. Ct. Dec. (CRR) 13, 2007 WL 1040318 (7th Cir. 2007).

Opinion

KANNE, Circuit Judge.

Dollie’s Playhouse, Inc., filed an adversary complaint against Nable Excavating, Inc. The bankruptcy court held that res judicata barred Dollie’s complaint and the *1000 district court affirmed this judgment. We affirm.

I. HISTORY

Dollie’s was an adult entertainment nightclub in Washington Park, Illinois owned by Stephen Masters and Nathan Eggemeyer. The relationship between Masters and Eggemeyer soured. Eg-gemeyer murdered Masters and buried Masters’ body on property owned by Eg-gemeyer. Eggemeyer was convicted of murdering Masters and was sentenced to life imprisonment. State v. Eggemeyer, 9 S.W.3d 640 (Mo.Ct.App.1999) (affirming the conviction on direct appeal); Eggemeyer v. Roper, No. 402CV01486CEJAGF, 2006 WL 855258 (E.D.Mo. Feb.15, 2006) (denying a petition for a writ of habeas corpus).

Eggemeyer also had a financial interest in Nable. Dollie’s and Nable entered into an agreement before Masters’ death. Dollie’s alleges that the agreement was a contract for the sale of property while Nable counters that the agreement was merely a lease without any transfer of ownership in the property. To settle the disagreement, Dollie’s brought a suit against the title company and Nable for declaratory judgment in the Circuit Court in St. Clair County Illinois. Dollie’s Playhouse v. Chicago Title & Tr. Co. & Nable Excavating, Inc., 99-MR-144. Nable counterclaimed alleging that Dollie’s had breached the lease agreement and owed it money. The Circuit Court found for Nable and held that Dollie’s owed Nable $105,000 in past rent and $120,000 on an unpaid loan. The Appellate Court of Illinois, Fifth District, affirmed the Circuit Court’s judgment on August 27, 2004. Dollie’s Playhouse v. Chicago Title & Tr. Co. & Nable Excavating, Inc., No. 5-02-0503 (Ill.App.Ct. Aug. 27, 2004).

Dollie’s filed a Chapter 11 bankruptcy petition in September 2004. Dollie’s also brought an adversary complaint against Nable seeking to recover damages for Eg-gemeyer’s alleged breach of fiduciary duties and conversion of Dollie’s corporate funds. Dollie’s argues that Eggemeyer stole money from Dollie’s and funneled it to himself and Nable. According to Dollie’s, Eggemeyer murdered Masters as part of this plan and therefore this money should be returned by Nable to Dollie’s and Dollie’s rightful owner Masters’ widow. The bankruptcy court and the district court rejected this argument, holding that the claims were barred by res judicata. Both courts concluded that Dollie’s was trying to reargue who rightfully controlled the land and money at dispute, an issue already determined by the Illinois state courts.

II. ANALYSIS

“Essentially, our review is the same as that performed by the district court.” In re Salem, 465 F.3d 767, 773 (7th Cir.2006) (citing In re Midway Airlines, Inc., 383 F.3d 663, 668 (7th Cir.2004)). “Factual findings are reviewed for clear error; legal conclusions are reviewed de novo.” In re Doctors Hosp. of Hyde Park, Inc., 474 F.3d 421, 426 (7th Cir. 2007).

We agree with the district court in its affirmance of the decision of the bankruptcy court, that Dollie’s adversary complaint is barred under res judicata. The Full Faith and Credit Act requires that we apply Illinois law and recognize the preclusive effect of the previous Illinois state judgment in this proceeding, Sornberger v. City of Knoxville, Illinois, 434 F.3d 1006, 1020 n. 9 (7th Cir.2006) (citing 28 U.S.C. § 1738; Rekhi v. Wildwood Indus., 61 F.3d 1313, 1317 (7th Cir.1995)); accord Crop-Maker Soil Servs., Inc. v. Fairmount State Bank, 881 F.2d 436, 439 (7th Cir.1989) (“The doctrine of res judica-ta applies in the bankruptcy context.”) (eit- *1001 ing Brown v. Felsen, 442 U.S. 127, 132, 99 S.Ct. 2205, 60 L.Edüd 767 (1979)); see also In re Heckert, 272 F.3d 253, 258 (4th Cir.2001), as long as the previous Illinois proceeding met the minimum requirements of due process. Licari v. City of Chicago, 298 F.3d 664, 666-67 (7th Cir. 2002) (citing Pliska v. City of Stevens Point, Wisconsin, 823 F.2d 1168, 1172 (7th Cir.1987)). “Under Illinois law, a final judgment on the merits rendered by a court of competent jurisdiction acts as a bar to a subsequent suit between the parties involving the same cause of action.” Hicks v. Midwest Transit, Inc., 479 F.3d 468, 470-71 (7th Cir.2007) (citing River Park, Inc. v. City of Highland Park, 184 Ill.2d 290, 234 Ill.Dec. 783, 703 N.E.2d 883, 889 (Ill.1998); Rein v. David A Noyes & Co., 172 Ill.2d 325, 216 Ill.Dec. 642, 665 N.E.2d 1199, 1204 (Ill.1996); Rodgers v. St. Mary’s Hosp., 149 Ill.2d 302, 173 Ill.Dec. 642, 597 N.E.2d 616, 620-21 (Ill.1992) (internal quotations omitted)). “Res judi-cata applies where: (1) a final judgment on the merits was rendered by a court of competent jurisdiction; (2) there is an identity of causes of action; and (3) there is an identity of parties or their privies.” Licari, 298 F.3d at 666 (citing Nowak v. St. Rita High Sch., 197 Ill.2d 381, 258 Ill.Dec. 782, 757 N.E.2d 471, 477 (Ill.2001)).

Dollie’s recognizes that there was a final judgment on the merits and there is an identity of parties. However, it argues that it brings different claims in the present case — breach of fiduciary duties and conversion of corporate assets — because it brought a breach of contract claim in the Illinois state court proceeding.

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481 F.3d 998, 2007 U.S. App. LEXIS 8173, 48 Bankr. Ct. Dec. (CRR) 13, 2007 WL 1040318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dollies-playhouse-inc-debtor-dollies-playhouse-inc-v-nable-ca7-2007.