Citibank, N.A. v. Nichols

This action brought by plaintiff Citibank comes before the Court on interloctory appeal under V.R.A.P. 5 from a denial of summary judgment in the superior court. The question presented for our review is whether

an order of the probate court, the appeal of which was dismissed by final order of the Superior Court, bar[s] by res judicata or collateral estoppel, re-litigation between the same parties of factual and/or legal issues that were decided by the Probate Court?

We answer the question in the affirmative, and remand for further proceedings. At issue is the return of money to a charitable…