Burguieres v. Pollingue

Summary

The court held that res judicata barred the claims arising from Mrs. Pollingue's actions as executrix because those claims involved the same parties in the same capacities and should have been asserted in the succession proceeding. It held that res judicata did not bar claims based on alleged pre-death breaches of fiduciary duties because the defendants did not appear in the same capacities, Dr. Pollingue was not a party or privy to the first action, and those causes of action did not exist until the will-nullity judgment became final. The court affirmed in part, reversed in part, and remanded for further proceedings.