John D. Glass v. SunTrust Bank, Trustee of The Ann Haskins Whitson Glass Trust; SunTrust Bank, Executor of the Estate of Ann Haskins Whitson Glass; and William Glass

This is an appeal from an action originally filed in the Chancery Court of Shelby County, seeking damages for Appellees’ alleged breach of trust, breach of fiduciary duty, mismanagement, negligence, and breach of duty to diversify in its roles as executor of Decedent’s estate and Decedent’s successor trustee. Decedent’s son, the Appellant herein, filed his original suit in the Probate Court of Shelby County, seeking return of  administrative costs and fees charged by Appellee. The probate court affirmed the fees, and Appellant filed a subsequent complaint in the chancery court. The chancery court complaint was eventually transferred to the probate court, where it was dismissed on grounds of collateral estoppel and res judicata. Appellant appeals. We conclude that there was no final order in the first probate proceeding and, consequently, the criteria for both collateral estoppel and res judicata are not met. Reversed and remanded.