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NORWINE v. NORWINE

No. 24698.

75 S.W.3d 340 (2002)

Ruth Julia NORWINE, Plaintiff-Appellant, v. Susan Elaine NORWINE, Personal Representative of the Estate of Samuel C. Norwine, Deceased, Defendant-Respondent, and Susan Elaine Norwine, Successor Trustee Under the Samuel C. Norwine Revocable Trust Agreement, Defendant-Respondent, and Susan Elaine Norwine, Samuel Junior Norwine, Nona Norwine, Mark S. Norwine, and Joseph Norwine, Individually, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Six.

May 15, 2002.

Attorney(s) appearing for the Case

Robert W. Stillings, Springfield, for appellant.

John E. Price, Carnahan, Evans, Cantwell & Brown, P.C., Springfield, for respondents.

KENNETH W. SHRUM, Presiding Judge.

The question here is whether the trial court erred when it dismissed Plaintiff's two-count petition (which sounded in fraud) based on Defendants' argument that it was barred by the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion). To answer that question, we must decide if a summary judgment entered in June 2000 (which was reversed on appeal) involved the fraud claims or fraud issues...

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