Rafia Nafees Khan v. Regions Bank

Citations

• 572 S.W.3d 189

Syllabus

This is the third appeal arising from a disputed arbitration award. After the first appeal, this Court remanded the case to the trial court for the purpose of entering an order confirming the award in favor of Regions Bank (the Bank) \as to the Rafia N. Khan Irrevocable Trust.\ The trial court subsequently entered an order confirming the award against \the Rafia N. Khan Irrevocable Trust\ and \Rafia N. Khan as Trustee of the Rafia N. Khan Irrevocable Trust.\ Over twenty months later, Rafia Khan filed an independent action in equity asking the trial court to set aside its judgment confirming the award. Pursuant to Tenn. R. Civ. P. 12.02(6), the Bank filed a motion to dismiss and raised the affirmative defense of res judicata. The trial court granted the Bank's motion to dismiss on the basis of res judicata. We vacate the trial court's findings with respect to res judicata. Nevertheless, we affirm the court's dismissal of the case because Ms. Khan's complaint failed to state a claim upon which relief can be granted.