- 22 - machinery.” The State court entered judgment against Ms. Williams, and in favor of the plaintiffs, on every count in her counterclaim. For substantially the same reasons as with the Abagail ranch, we conclude that the Peck requirements are satisfied with respect to the ranch equipment. Issues of fact were decided by the State court following a trial. The State court rejected Ms. Williams’ claim that she (rather than the estate) owned the ranch equipment. That is the same issue before us. Resolution of that issue was essential to the outcome reached by the State court. The Judgment in Cause No. 96-60 was entered, became final, and was satisfied. Petitioner has failed to show that the controlling facts or applicable law have changed since those events occurred. Petitioner does not question whether petitioner is a party, or in privity to a party, to the prior judgment. Respondent has, therefore, satisfied all of the Peck requirements. 3. Exercise of Discretion Petitioner argues that we should exercise our discretion to preclude respondent’s claim of estoppel. First, petitioner argues that Ms. Williams did not have the incentive to defend vigorously the issue of ownership of the Abagail ranch in the State court. In the Williams declaration, Ms. Williams states: [DV 96-109] was a quiet title action which I commenced for the sole purpose of removing as a lien against thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011