Estes v. Millea

GILBERTSON, Circuit Judge.

ISSUE

DID THE TRIAL COURT ERR IN GRANTING SUMMARY JUDGMENT IN FAVOR TIMMONS ON THE BASIS OF COLLATERAL ESTOPPEL?

PROCEDURAL HISTORY

The procedural aspects of this case are complex and not relevant to the issue on *617appeal. Nevertheless, a brief review will inform the reader of each party’s position in the litigation.

The Traveler’s Insurance Company initiated this suit to foreclose a real estate mortgage. Defendant Reese Williams (Williams) cross-claimed against defendants Tom Timmons, F.M. Timmons, Thomas G. Timmons, Craig Timmons (collectively, Tim-mons) and Doyle D.…