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Appeals court hears family‑court collateral‑attack and unjust‑enrichment claim after long post‑judgment litigation

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Summary

The panel considered whether a post‑divorce unjust‑enrichment suit was barred by prior probate judgments and settlements, and counsel for the former spouse asked the court to reject collateral attacks and award fees for repeated litigation deemed frivolous by the defending party.

In Thomas B. Cunningham (docket 24P320), argued Feb. 6, the Appeals Court heard disputes stemming from a long family‑court record in which a property stake (home equity) and retirement‑account transfers were central. Appellant Robert Clark (representing Thomas Cunningham) advanced unjust enrichment and other claims, while appellee counsel argued the claims were claim‑ and issue‑precluded by prior divorce, modification and contempt rulings and urged sanctions for…

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