Lawyers Surety Co. v. Cagle

John B. Robbins, Judge.

Lawyers Surety Company has appealed from an order of the Lawrence County Circuit Court dismissing its complaint against appellee, Juanita Phillips Cagle, on the ground that the issues involved should have been litigated by counterclaim or cross-claim in an earlier probate action. We reverse the circuit judge’s order and remand this case for trial.

Ms. Cagle was a guardian for the estate of a minor. When appellee presented her final accounting, the probate court found a deficiency in the ward’s funds in the amount of $27,312.73. The probate judge found that those funds…