Anderson, et al. v. LaVere, et al.


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Docket Number: 2002-CA-00098-SCT
Linked Case(s): 2002-CA-00098-SCT

Supreme Court: Opinion Link
Opinion Date: 12-09-2004
Opinion Author: Cobb, P.J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Contract - Res judicata
Judge(s) Concurring: Waller, P.J., Carlson, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz and Graves, JJ.
Dissenting Author : Smith, C.J., and Easley, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 12-07-2001
Appealed from: Leflore County Circuit Court
Judge: W. Ashley Hines
Disposition: Held Claud Johnson's claim as time barred.
Case Number: 20-0136

Note: The motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor.

  Party Name: Attorney Name:  
Appellant: Annye C. Anderson, as Personal Representative and Legatee of the Estate of Carrie H. Thompson, Deceased; and Robert M. Harris, Legatee of the Estate of Carrie H. Thompson, Deceased




JAMES W. CRAIG REUBEN V. ANDERSON DEBRA M. BROWN



 

Appellee: Stephen C. LaVere; Delta Haze Corporation, a Nevada Corporation; and Sony Music Entertainment, Inc., a Delaware Corporation RICHARD A. OAKES ANTHONY KORNARENS W. SCOTT WELCH, III ANITA K. MODAK-TRURAN JAMES W. KITCHENS MARGARET P. ELLIS  

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Topic: Contract - Res judicata

Summary of the Facts: The motion for rehearing is granted, and this opinion is substituted for the original opinion. Annye Anderson filed the initial petition to open the estate of legendary blues artist Robert Johnson. Anderson was nitially appointed administratrix of the estate, but Leflore County clerk Willis Brumfield was subsequently substituted as administrator. Brumfield filed a petition to determine the heirs of Johnson. Claud Johnson filed a formal entry of appearance, asserting his claim as the biological son of Robert Johnson, and thus the sole heir to the Johnson estate. The court refused Claud’s claim as time barred and provisionally ruled that Robert Harris and Annie Anderson had met the burden of proof that they were the heirs of Carrie Dodds Thompson and that Carrie was the only surviving sister of Robert Johnson. The Supreme Court reversed and remanded, stating that Claud was entitled to prosecute his claim. On remand, the court entered a final judgment stating that Claud was the biological son of Johnson and sole heir to the Johnson estate. The Supreme Court affirmed. Prior to the affirmance of the heirship judgment, a second lawsuit was filed. Anderson, as personal representative and legatee of the Thompson estate, and Harris, as legatee of the Thompson estate, filed suit against Claud Johnson, Stephen LaVere, Delta Haze Corporation and Sony Music Entertainment, Inc., alleging conversion, fraud, misrepresentation and breach of contract, concerning a 1974 contract between Thompson and LaVere, in which, among other things, Thompson assigned to LaVere the right to use certain photographs of Johnson for commercial use in exchange for a percentage of the royalties earned from the use of the photos in exploiting Robert Johnson’s work. LaVere, Delta and Sony moved for dismissal or, in the alternative, for summary judgment. The court found that the issue was barred due to res judicata and granted the motion to dismiss. Anderson and Harris appeal.

Summary of Opinion Analysis: Res judicata precludes parties from litigating in a second action claims within the scope of the judgment of the first action, including claims which were made or should have been made, in the prior suit. Generally, four identities must be present before the doctrine of res judicata will be applicable: identity of the subject matter of the action, identity of the cause of action, identity of the parties to the cause of action, and identity of the quality or character of a person against whom the claim is made. The subject matter of the chancery court action was the administration of the Johnson estate, including an heirship proceeding to determine the heirs of Johnson. The claim of ownership of the photos was clearly not litigated during the chancery proceedings. There was no court finding regarding the specific contract rights of the estate. Therefore, there is no identity of subject matter between the actions. In addition, Anderson tried, but was not allowed to make her claim of ownership, and therefore, res judicata cannot bar litigation of the claim in the present action. The claims brought by Anderson included fraud, misrepresentation, and concealment; conversion; unjust enrichment; unfair competition and business practices; breach of contract; and breach of fiduciary duty. The cause of action in the prior suit arose out of the death of Robert Johnson, the opening and administration of his estate, and the determination of his heirs. Clearly these are not the same causes of action. In the circuit court action from which the present appeal arose, the plaintiffs were Anderson and Harris and the defendants were Claud, LaVere, Delta Haze and Sony. The parties in the first action were Anderson and Harris, who were adverse to Claud. Because LaVere, Delta, and Sony were not parties to the prior action, this identity is not met. Because they were not parties nor in privity to a party, the fourth identity can also not be met.


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