The plaintiffs moved for summary judgment to enforce findings made in an earlier partition proceeding that the defendant owed repayment of excess property contributions and occupation rent.
The defendant argued the action was barred by res judicata, but the court held the claim sought enforcement of prior final findings rather than impermissible relitigation.
The court also rejected the defendant's late argument that a trial was needed on the existence of any loan agreement, noting the absence of responding evidence and the prior adjudication of the parties' intentions.
Finding no genuine issue requiring a trial, the court granted summary judgment for $85,743.80 and directed that the trust funds be distributed in conformity with the earlier reasons and this endorsement.
