Atkinson v. Firuccia

EDWARD R. ARDINI, JR., JUDGE

*192Daniel and Bobby Atkinson ("Appellants") brought this will contest in the Circuit Court of Johnson County1 challenging the rejection by the probate division of one of four purported last wills and testaments of Bertha Don Carlos ("Mrs. Don Carlos"). The circuit court granted summary judgment in favor of Mrs. Don Carlos's adopted daughter, Sheryl Firuccia ("Firuccia"), holding that Appellants' claims were barred by res judicata based on a judgment entered in an earlier will contest that found Mrs. Don Carlos died intestate. This appeal follows. The judgment of the…