Judy v. Judy

Following the resolution of his partition action in probate court, James Judy (“James”) filed suit in circuit court asserting a cause of action for waste against his brother, Ronnie Judy (“Ronnie”), for the destruction of a pond located on a tract of real property involved in the partition action. A jury found in favor of James and awarded him actual and punitive damages. Ronnie appealed the jury’s verdict, arguing the circuit court erred in declining to dismiss the suit against him on the basis of laches, collateral estoppel, or res judicata, and in declining to permit him to amend his…