19CV00010
POWELL v. SIMAS
PLAINTIFFS’ MOTION IN LIMINE NO. 1 – RES JUDICATA EFFECT OF
BANKRUPTCY ORDER
SUMMARY OF RULING
The motion in limine is granted in part. The bankruptcy appellate judgment provides
preclusive effect for Plaintiffs’ causes of action for trespass and conversion only, establishes that
John Simas’s conduct was willful and malicious, and that he did not lack the mental capacity to
understand the consequences of his actions. Evidence presented to the jury shall comport with
these findings.
FACTUAL BACKGROUND
This matter involves a dispute over the sale of real property (an allotment) located in
Paradise Park. In 2003, John Simas’s father purchased an “allotment” for him to use and
occupy. Simas became a member of Paradise Park Masonic Club in 2003. He lived there until he
decided to move to Brazil, where he intended to permanently live.
While in Brazil, Simas and plaintiffs Craig and Kelly Powell (Craig is John’s cousin)
entered int