Richardson v. Audubon Ins. Co.

948 So. 2d 445, 2006 WL 2807020
CourtCourt of Appeals of Mississippi
DecidedOctober 3, 2006
Docket2005-CA-01215-COA
StatusPublished
Cited by3 cases

This text of 948 So. 2d 445 (Richardson v. Audubon Ins. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richardson v. Audubon Ins. Co., 948 So. 2d 445, 2006 WL 2807020 (Mich. Ct. App. 2006).

Opinion

948 So.2d 445 (2006)

Robert RICHARDSON, Appellant,
v.
AUDUBON INSURANCE COMPANY and Joe Clay Hamilton, as Administrator of the Estate of Willie Mae Dudley, Deceased, Appellees.

No. 2005-CA-01215-COA.

Court of Appeals of Mississippi.

October 3, 2006.
Rehearing Denied February 6, 2007.

*446 Felecia Perkins, attorney for appellant.

Joe Clay Hamilton, Edward J. Currie, Jackson, attorneys for appellees.

Before MYERS, P.J., BARNES and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. Robert Richardson filed suit against Audubon Insurance Company (Audubon) and Joe Clay Hamilton, in his capacity as the administrator of the Estate of Willie Mae Dudley (the Estate), in the Circuit Court of Lauderdale County, alleging that Audubon wrongfully paid insurance proceeds to the Estate rather than to Richardson. *447 Audubon and Hamilton filed separate motions for summary judgment. The court granted summary judgment in favor of Audubon and Hamilton on the basis that Richardson's action was barred by the doctrine of collateral estoppel. Aggrieved, Richardson appeals. He presents the following issues for this Court's review:

I. The circuit court erred in granting summary judgment to Audubon and Hamilton.
A. The circuit court erred in granting summary judgment based on collateral estoppel.
1. The issue involved in the second suit was not identical to the one involved in the previous suit.
2. The issue was not litigated in the chancery court.
3. Resolution of the issue was not necessary to the judgment in chancery court.
B. The circuit court erred in granting summary judgment because genuine issues of material fact exist which preclude summary judgment.
II. The circuit court erred in granting sanctions of $4,000 to Hamilton pursuant to the Litigation Accountability Act.

Finding no error, we affirm.

FACTS

¶ 2. Willie Mae Dudley owned two pieces of property in Meridian, Mississippi: a house located at 1523 Ninth Avenue, and a house located at 1802 Sixteenth Avenue. On November 18, 2000, Dudley died intestate, leaving behind no surviving spouse or children.

¶ 3. On December 5, 2000, the Chancery Court of Lauderdale County appointed Richardson, one of Dudley's many heirs, as administrator of the Estate. Richardson retained attorney Hamilton to represent the Estate. On October 20, 2001, Richardson took out an Audubon fire insurance policy on the property located at 1523 Ninth Avenue. The policy listed the named insured as "Est. Of Willie Mae Dudley o/o Robert Richardson."[1] On June 21, 2002, after Richardson failed to file an annual accounting and failed to appear in court, the chancery court entered an order removing Richardson as the administrator of the Estate and appointing Hamilton as administrator in his stead.

¶ 4. After Hamilton was appointed administrator of the Estate, he filed numerous complaints and/or motions against Richardson in the Chancery Court of Lauderdale County to enjoin him from interfering with the administration of the Estate. In the first complaint, filed on February 5, 2003, Hamilton sought to recover from Richardson rental payments for the two houses owned by the Estate. Hamilton asserted that the Estate had not received rental payments from the tenants of the two houses because Richardson had been collecting and keeping the money. On April 15, 2003, the chancery court entered a judgment ordering Richardson to pay Hamilton rental payments on behalf of the Estate in the amount of $450.

¶ 5. Hamilton filed a second complaint to enjoin Richardson on June 20, 2003, asserting that he needed a key in order to have the property appraised, but that Richardson had been "totally uncooperative." Consequently, Hamilton requested that the court order Richardson to turn over his keys to the property and enjoin *448 him from entering the property. On July 18, 2003, the chancery court granted Hamilton's request as to both houses, finding that Richardson's actions interfered with the efforts of Hamilton to serve as administrator.

¶ 6. On September 4, 2003, Hamilton filed a motion asserting that one of the properties owned by the Estate had burned, but that the Estate had not received the insurance proceeds.[2] Hamilton further asserted that the insurance company issued a check in the amount of $30,000 (payable to "Robert Richardson, Joe Clay Hamilton, and the Estate of Willie Mae Dudley") and mailed it to Richardson. On October 3, 2003, the court entered an order approving Hamilton's motion and ordering that the proceeds from the claim against Audubon be paid to Hamilton in his capacity as administrator of the Estate. The order was signed by the chancellor, Hamilton, and Richardson's attorney, Leonard B. Cobb.

¶ 7. On April 6, 2004, Hamilton filed a third complaint asserting that Richardson had interfered with the administration of the Estate by: (1) collecting and retaining rent from property of the Estate, (2) making numerous telephone calls to Hamilton's office claiming that he, Richardson, was the owner of all of the property of the Estate, and (3) occupying the property Hamilton was attempting to sell on behalf of the Estate. On May 12, 2004, the chancery court entered an agreed order requiring Richardson to turn over all keys to the house located at 1802 Sixteenth Avenue, to refrain from entering the property, and to stop contacting Hamilton, except through his attorney, Felecia Perkins.[3]

¶ 8. Hamilton filed a final accounting and complaint to close the Estate on September 13, 2004, and on October 4, 2004, Richardson filed a response. On January 28, 2005, the chancery court entered a judgment finding that the $30,000 of Audubon insurance proceeds were assets of the Estate. The court further found that Richardson "failed to offer any evidence relevant to claims or expenses that he incurred or paid for the estate after the death of [Dudley]." Thus, the court approved Hamilton's final accounting and denied Richardson's request for the payment and/or reimbursement of funds from the Estate.

¶ 9. On January 7, 2005, Richardson filed suit against Audubon and Hamilton in the Circuit Court of Lauderdale County alleging that Audubon had wrongfully and maliciously failed to honor the terms of the insurance policy by refusing to pay him insurance proceeds in the amount of $30,000. Richardson further alleged that Hamilton unlawfully exercised dominion over the insurance proceeds and that his actions constituted tortious interference with business relations and negligent misrepresentation. Richardson also asserted that Audubon and Hamilton were liable for compensatory and punitive damages on the following grounds: breach of contract, breach of fiduciary duty, negligence and gross negligence, misrepresentation and fraud, and failure to reasonably investigate.

¶ 10. On March 10, 2005, Hamilton filed a motion for summary judgment asserting that the amount paid to him by Audubon as administrator of the Estate was paid *449 pursuant to the order of the Chancery Clerk of Lauderdale County. Hamilton attached a copy of the chancery court order to the motion for summary judgment. Hamilton further asserted that all of the matters alleged by Richardson were dispensed with in a judgment entered by the chancery court on January 28, 2005.

¶ 11.

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Cite This Page — Counsel Stack

Bluebook (online)
948 So. 2d 445, 2006 WL 2807020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-audubon-ins-co-missctapp-2006.