Rudow v. Fogel

William Rudow (plaintiff), a minor suing through his father Marvin, claimed a trust interest in property held by his uncle Fogel (defendant), relying on an earlier ejectment action in which Fogel and Marvin (personally, not as William's representative) had litigated whether a trust existed; that earlier court found no trust existed but still ruled for Marvin personally on a separate life-tenancy theory, meaning Marvin, as the prevailing party, had no ability to appeal the trust finding. The trial court held William's current claim was barred by res judicata based on that earlier trust finding and granted Fogel summary judgment; an intermediate appellate court reversed, and Fogel appealed further.