Taylor v. Grant (In re Taylor)

196 B.R. 197, 9 Fla. L. Weekly Fed. B 396, 1996 Bankr. LEXIS 596
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedMay 28, 1996
DocketBankruptcy No. 93-3046-BKC-3P7; Adv. No. 95-353
StatusPublished

This text of 196 B.R. 197 (Taylor v. Grant (In re Taylor)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Grant (In re Taylor), 196 B.R. 197, 9 Fla. L. Weekly Fed. B 396, 1996 Bankr. LEXIS 596 (Fla. 1996).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This proceeding came before the Court upon defendant’s motion to dismiss and motion for summary judgment. After a hearing on March 19, 1996, the Court enters the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. Harry A. Taylor (Taylor), a long-time resident of New York, died on September 30, 1978. His will, dated May 17, 1978, was admitted to probate in Suffolk County, New York on October 16,1978. (Plaintiff Brief at. 1-2).

2. Pursuant to Article THIRD of the will, Taylor directed that one-half of all stocks and bonds owned by him at the time of his death be distributed to his trustee, to be held in trust for the benefit of his son, Donald Taylor (plaintiff).

3. The will directed the trustee to make distributions of trust income to the plaintiff in “convenient installments.” (File Doc. 11). The will further provided that the trustee could utilize the principal of the trust to preserve the health or welfare of the plaintiff. (File Doc. 11).

4. Jean Taylor, testator’s daughter and plaintiff’s sister, was appointed original trustee of the trust on October 16, 1978. By order of the Surrogate’s Court of Suffolk County, New York, dated February 25,1993, Percy Ingerman was appointed as successor trustee and served in that capacity until his [199]*199death on August 17, 1994. (Plaintiff Brief at 2-3).

5. On March 23, 1993, plaintiff entered into an agreement under which he agreed to pay monies owed by him to the estate of his incapacitated sister. Pursuant to the agreement, plaintiff agreed not to receive future income from the Taylor trust. (Plaintiff Brief at 3).

6. Plaintiff filed his petition for relief under Chapter 7 of the Bankruptcy Code on July 1,1993. Plaintiff has received no distribution from the trust since August 1993.

7. On November 2, 1993, defendant filed a complaint against plaintiff, alleging that plaintiffs interest in the trust was property of his bankruptcy estate and seeking turnover of both accrued and future income distributions. The complaint also sought a determination of whether defendant’s interest in the trust proceeds was superior to any interest asserted by parties to the March 23, 1993 agreement. (Adversary 93-402, File Doe. 1).

8. On July 27, 1994, this Court awarded summary judgment to defendant, which declared defendant’s interest in the Taylor trust to be superior to the interest of other parties and ordered the plaintiff to pay to defendant any accrued distributions as well as all future distributions arising under the trust. (Adversary 93-402, File Doc. 17).

9. On November 27, 1995, plaintiff filed the current proceeding, seeking to enjoin defendant from scheduling a sale of plaintiffs interest in the trust until a successor trustee could be appointed to obtain legal representation for the trust. Plaintiff also seeks an injunction ordering the defendant to accept a proposed settlement agreement. (File Doc. 1). Plaintiff amended his complaint to seek an injunction against the sale of his interest in the trust, alleging that the trust is a spendthrift trust and his interest is excepted from property of the estate pursuant to 11 U.S.C. § 541(c)(2).

10. Defendant answered the complaint and filed a motion for summary judgment and a motion to dismiss. Defendant argues that because this Court previously determined that plaintiffs interest in the trust is property of the estate, the doctrine of res judicata applies to bar the re-litigation of that issue. Defendant also argues that plaintiff has failed to state a claim for which relief can be granted; that plaintiff alleges only prospective damages which are insufficient to warrant equitable relief; that the plaintiff cannot seek to enjoin the defendant from performing his duties mandated by 11 U.S.C. § 704; and, that plaintiff cannot compel defendant to settle the dispute.

CONCLUSIONS OF LAW

I. Defendant’s Motion to Dismiss

Defendant moved to dismiss this proceeding on the grounds that the complaint fails to state a claim upon which relief can be granted. This Court has previously held that “courts generally do not favor dismissal for failure to state a claim for which relief can be granted ... Motions to dismiss for failure to state a claim for which relief can be granted are generally denied unless the movant can prove the logical insufficiency of the [claim].” Grant v. Florida Power Corporation, Whitlock Industrial Painting Co., Inc., A & A Welding & Fabrication, Inc., and, Tri State Contractors of Florida Inc. (In re American Fabricators, Inc.), 186 B.R. 526, 529 (Bankr.M.D.Fla.1995).

In support of his motion, defendant argues that the injunctive relief sought by the plaintiff cannot be awarded because the complaint states no basis for the relief. Although the Court also questioned plaintiffs desire to pursue injunctive relief, the Court is unpersuaded by defendant’s argument that the complaint is legally insufficient. Accordingly, the Court will deny defendant’s motion to dismiss.

II.Defendant’s Motion for Summary Judgment

Pursuant to Federal Rule of Bankruptcy Procedure 7056, a motion for summary judgment should be granted if the material facts, construed in the light most favorable to the non-moving party, are not in dispute, and the movant is entitled to judgment as a matter of law. F.R.B.P. 7056. See Macks v. United States (In re [200]*200Macks), 167 B.R. 254 (Bankr.M.D.Fla.1994) (holding that “the facts relied upon by the moving party must be viewed in the light most favorable to the non-moving par-ty_” Id. at 256).

In his motion for summary judgment, defendant alleges that no genuine issues of fact exist because res judicata bars the re-litigation of whether plaintiffs interest in the trust is property of the estate, plaintiff cannot enjoin defendant from fulfilling his statutorily mandated duties as trustee of the estate, and plaintiff cannot compel defendant to settle disputes relating to estate property. (File Doc. 4).

A Res judicata

“The doctrine of res judicata insures the finality of decisions, conserves judicial resources, and protects litigants from multiple lawsuits.” Macks v. United States (In re Macks), 167 B.R. 254, 257 (Bankr.M.D.Fla. 1994). The Eleventh Circuit Court of Appeals has held that res judicata applies to bar the re-litigation of a cause of action when the following elements are met:

1. the prior judgment must have been rendered by a court of competent jurisdiction;
2. a final judgment on the merits must have been rendered;
3. the parties, or those in privity with them must be identical in both actions; and
4. the same cause of action must be involved in both actions.

In re McCoy, 163 B.R.

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196 B.R. 197, 9 Fla. L. Weekly Fed. B 396, 1996 Bankr. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-grant-in-re-taylor-flmb-1996.