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Laws-info.com » Cases » New Jersey » Appellate Court » 2009 » THE ESTATE OF ELYREE SMILEY AND GEORGE GIBSON v. BRENDA McELNEA, ESQUIRE
THE ESTATE OF ELYREE SMILEY AND GEORGE GIBSON v. BRENDA McELNEA, ESQUIRE
State: New Jersey
Court: Court of Appeals
Docket No: a0245-08
Case Date: 11/02/2009
Plaintiff: THE ESTATE OF ELYREE SMILEY AND GEORGE GIBSON
Defendant: BRENDA McELNEA, ESQUIRE
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(NOTE: The status of this decision is Unpublished.) Original Wordprocessor Version This case can also be found at *CITE_PENDING*.
(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0245-08T20245-08T2 THE ESTATE OF ELYREE SMILEY, AND GEORGE GIBSON, Plaintiffs-Appellants,
v.
BRENDA McELNEA, ESQUIRE,
Defendant -Respondent.


Submitted October 21, 2009 -Decided Before Judges J.N. Harris and Newman. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket
No. L-2681-08.
Perrucci Law Offices, attorneys for appellants (Angelo M. Perrucci, Jr., on the brief).
Anthony P. Ambrosio, attorney for respondent (Batya G. Wernick, on the brief). PER CURIAM
This appeal addresses the entire controversy doctrine. Plaintiffs have previously sued defendant relating to the administration of an estate. When sued again for similar remedies, defendant elected to move for summary judgment rather than answer, asserting the entire controversy doctrine as an affirmative defense. Judge Donald S. Goldman granted the motion dismissing the complaint, and this appeal followed.
We affirm.
I.

Plaintiff George Gibson is a beneficiary and the personal representative of the Estate of Elyree Smiley. The decedent died on January 27, 2003. Plaintiff immediately applied for letters testamentary, which were promptly issued. However, a will contest ensued and a temporary administrator
Download a0245-08.opn.pdf

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