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Newell v. Hudson3/16/2005
n]'s position as just simply changing her mind. And I agree with Judge Locascio. This is not a case where she was misinformed as to the criteria to be employed and indeed, the record reflects under oath that she previously had herself been given a copy of the Crews decision.
She's a sophisticated party. She has an accounting degree. The Court can readily assume that she understood what she was doing in connection with this matter and I find that she clearly took the position with the Court that she wanted to approve this settlement. And that she did so knowingly and that she didn't have any questions of anyone.
And again, the record reflects, she actually acknowledged having discussed the Crews decision... and having read it and had a copy of it.
It would be impossible in this Court's view to frankly have... any finality associated with divorce cases particularly with reference to establishing the issues articulated in Crews if... a party such as Ms. Hudson who is herself an accountant [can go before a court and] say yeah, I've got the Crews decision. I understand the Crews decision and then decide that later that she wants a different settlement than was entered into between the parties in this case.
Judge Quinn explained the reason he was invoking the doctrine of judicial estoppel:
he Court is going to grant the motion for summary judgment essentially based on the doctrine of estoppel or judicial estoppel and that is to say a party cannot take one knowing and willful position in connection with a judicial proceeding and then completely repudiate that decision. The doctrine of estoppel essentially set forth in Scarano v. Central Railroad [Co., 203 F.2d 510 (3d Cir. 1953)]... there is a five element test for judicial estoppel.....
The doctrine of estoppel is really intended to protect the integrity of the judicial process(citations omitted).....
Here, [Hudson] clearly, and it couldn't be more clear, set forth her understanding of the agreement and clearly satisfied Judge Locascio on her understanding of the agreement. Judge Locascio based on the directive of the court in Stout v. Stout, 155 N.J. Super. 196 [(App. Div. 1977)] and Crews v. Crews [citation omitted], made the appropriate inquiry of her at the time of the divorce proceeding.
And [Hudson] again is an accountant and answered all of the questions, the property settlement agreement had been altered substantially throughout the course of the day and she clearly indicated that she understood she had received a copy of Crews and understood what she was doing.
[Hudson] changed her mind later that night; that's what Judge Locascio found in connection with his denial of post judgment motions. And indeed, I think everyone can understand and acknowledge that that's what occurred in this case. [Hudson] just simply changed her mind. The argument that she was misinformed or misled is one that has come up, you know, substantially later as a rationale for bringing this suit.
[Hudson] isn't misled in any circumstance where she simply changes her mind. The letter that she directed later that night to [Newell] indicates that she changed her mind, not that she had been misled. Being misled or misinformed which would be the basis of the legal malpractice action is that she received subsequent information that would result in her either trying to change the agreement or bringing an action against [Newell] for the agreement itself.....
She just simply changed her mind and I don't think that you are misinformed by your lawyer when you testify under oath that you know about the decision, that you're actually getting a property se
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