In re Southeast Banking Corp

3 Citing cases

  1. In re Jennings

    378 B.R. 687 (Bankr. M.D. Fla. 2007)   Cited 3 times
    Finding that res judicata did not apply where, inter alia, the plaintiff had appeared only as a creditor in the prior proceeding but was appearing as a representative of the estate in the matter before the court.

    (2) A party appearing in an action in. one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity. Restatement (Second) of Judgments, ยง 36 (quoted in In re Southeast Banking Corp., 314 B.R. 244, 247 (Bankr.S.D.Fla. 2004)) (Emphasis supplied). In Southeast Banking Corp., 314 B.R. at 247-48, the Court declined to apply the doctrine of res judicata in an action involving a former trustee, since the former trustee was appearing in his individual capacity in the current action, but had appeared only in his capacity as trustee in the prior action.

  2. SouthPoint Glob. Invs. v. Warren (In re Westport Holdings Tampa, Ltd.)

    607 B.R. 715 (M.D. Fla. 2019)

    Instead, that Order remained within the jurisdiction of the Bankruptcy Court and never reached "law of the case" status. See In re Se. Banking Corp., 314 B.R. 244, 248 (Bankr. S. D. Fla. 2004) (explaining that the law of the case doctrine does not extend to issues the appellate court has not addressed). 3.

  3. Nob Holdings Corp. v. Liberty Mutual Insurance (In re PSN USA, Inc.)

    426 B.R. 916 (Bankr. S.D. Fla. 2010)   Cited 3 times
    Drawing from workers compensation context for gross negligence standard

    It has also been established that a trustee's reliance on advice of counsel can be used as a defense to claims of willful misconduct. In re Southeast Banking Corp., 314 B.R. 244 (Bankr.S.D.Fla.2004); Athanason v. Hubbard, 218 So.2d 475, 478 (Fla. 2d DCA 1969) (holding that a receiver is not liable for loss resulting from his good faith reliance on the advice of counsel). Here, the Liquidating Trust Agreement explicitly provides that Fair will not be held liable for actions taken by him based upon advice of counsel.