Missouri Court of Appeals, Western District / Oct 23, 2018
Daniel Allen Atkinson, et al vs. Sheryl Ann Firuccia, et al
Daniel and Bobby Atkinson challenged the probate division's rejection of one of four purported last wills and testaments of Bertha Don Carlos. The circuit court granted summary judgment in favor of Mrs. Don Carlos's adopted daughter, Sheryl Firuccia, holding that the Atkinsons' claims were barred by res judicata based on a judgment entered in an earlier will contest that found Mrs. Don Carlos died intestate. The appellate court affirmed, concluding that the subsequent will contest was an impermissible collateral attack on the final judgment of intestacy from the prior litigation.