Gregor Woodward v. Orator E. Woodward, individually, and as Trustee of the Mary T. Woodward Trust, etc., Lorence Woodward, Marcus Woodward, Serena Woodward and Maureen Woodward

The. trial court found that res judicata and laches barred the beneficiary’s claim against the trustee. As a result, the beneficiary appeals an order entering summary judgment in favor of the trustee and dismissing the beneficiary’s claim with prejudice. We find, that res judicata does not apply because there is no identity of the cause of action. The 2012 action arose from a new and different breach of fiduciary duty from the 1996 action. Additionally, laches does not apply because the trustee did not serve an accounting until 2011, and the beneficiary timely filed suit within six months…