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MARTIN v. WILBERT

No. 64231-6-I.

253 P.3d 108 (2011)

David L. MARTIN, a married man, as his separate estate, Appellant, v. William E. WILBERT, Loretta D. Wilbert, and their marital estate; Estate of William E. Wilbert, deceased, and Loretta D. Wilbert, its personal representative, Respondent, ABC Corporations I through XXV, and XYZ Partnerships I through XXV, John and Jane Does I through L, and Western Bonding Co. a/k/a Western Surety Company, Defendants.

Court of Appeals of Washington, Division 1.

May 31, 2011.

Attorney(s) appearing for the Case

Charles M. Cruikshank III , Seattle, WA, for Appellant.

G. Michael Zeno, Jr. , Zeno Drake Bakalian PS, Kirkland, WA, for Respondent.

LAU, J.

¶ 1 A superior court's order closing an estate is a final judgment that precludes a litigant from bringing claims in a collateral action that could have been brought in the probate proceeding. We hold res judicata bars David L. Martin's claims against the Estate of William Wilbert because he attempts to relitigate claims and issues that were previously litigated or might have been litigated in prior actions. The order granting the Wilbert estate's summary...

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