Lewis Johnson v. Martha Johnson-McHenry

BEA ANN SMITH, Justice.

Appellant Lewis Johnson sued Martha Johnson-McHenry for conversion of personal property and intentional infliction of emotional distress. Appellee Martha moved for summary judgment on the grounds of res judica-ta and collateral estoppel; she also requested attorney’s fees and costs as sanctions. The trial court granted summary judgment in favor of Martha, granting all her requested relief. Lewis appeals the judgment. We will reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

The present cause began in 1988 when Martha filed a suit (the first suit) to partition family…