IN RE ESTATE OF ELOISE J. STOREY,
PEGGIE SHERRILL HUBER v. LAWRENCE G. YOHANEK, CPA, A/K/A LARRY G. YOHANEK, SHARRON S. YOHANEK, AND JOHN GARY STOREY (Tenn. Ct. App. May 31, 2011)
This lawsuit was filed by the decedent's daughter against other family members alleging undue influence, conversion, breach of fiduciary duty, and civil conspiracy. After the decedent suffered a stroke, the family members, as attorney in fact and signatory on the decedent's bank accounts, made gifts from the decedent's assets to themselves and to other family members.
After the decedent died, the plaintiff daughter filed this lawsuit, alleging that the defendant family members wrongfully depleted the decedent's assets during her lifetime so as to deprive the plaintiff of her specific bequest in the decedent's will. The defendants filed a motion for partial summary judgment on various grounds.
The trial court granted in part and denied in part the defendants' motion finding, inter alia, that the plaintiff did not submit evidence to support several of her claims, and that several claims were barred by the statute of limitations. The Plaintiff now appeals.
On appeal, we apply the Tennessee Supreme court's revised analytical framework for summary judgment motions, requiring the defendant movants to either conclusively establish facts supporting an affirmative defense or negate an essential element of the plaintiff's claim. Applying this standard, we affirm in part, reverse in part, and remand.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/storeye_053111.pdf
