Tamala Teague, As Successor Personal Representative Of The Estate Of Lola Lee Duggan v. Garnett Kidd Et Al. - Dissent

As noted in the majority's opinion, the first administrator' of the estate of Lola Lee Duggan sought "to recover funds unlawfully converted through fraud, false dealing and misapplication of trust by Defendant[s]." He requested "that a Lien Lis Pendens be placed against the real property acquired by Garnett and William Kidd ("the Kidds" or "Defendants")2 in this cause to secure any judgment which may be obtain[ed] by the Estate." (Emphasis in original.). Despite praying "[t]hat [p]laintiff have such additional general and equitable relief to which it may be entitled upon the hearing of this cause," the administrator did not specifically seek the entry of an order declaring the existence of a constructive trust. Upon trial, appeal, and remand from this court, an amended final judgment was entered against Mrs. Kidd for $117,679 in damages and $79,052.48 in prejudgment interest, for a total judgment of $196,731.48.3 That judgment was not appealed by the successor administrator ("Plaintiff').