B & V Ltd. v. All Dade General Const., Inc., No. 95-1431
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 662 So.2d 413 |
| Parties | 20 Fla. L. Weekly D2494 B & V LIMITED and B & V Phase I Limited, Appellants, v. ALL DADE GENERAL CONSTRUCTION, INC., Appellee. |
| Decision Date | 08 November 1995 |
| Docket Number | No. 95-1431 |
Page 413
v.
ALL DADE GENERAL CONSTRUCTION, INC., Appellee.
Third District.
Page 414
Semet, Lickstein, Morgenstern, Berger, Friend, Brooke & Gordon and Deborah E. Leder, Coral Gables, for appellants.
Hagen & Hagen and Max M. Hagen, Hollywood, for appellee.
Before NESBITT, BASKIN and LEVY, JJ.
PER CURIAM.
B & V Limited and B & V Phase I Limited (collectively "B & V") appeal an order granting the motion of All Dade General Construction, Inc. ("All Dade"), to dismiss B & V's complaint on res judicata grounds. We reverse.
B & V and All Dade entered into several contracts for roof repairs or replacements on a number of different structures. Each contract involves a different building with separate and distinct work specifications. The repair work for each building was memorialized in an individual All Dade contract, specifying the building's address, the work required, and the contract price.
In 1993, All Dade sued B & V to recover damages for breach of contract and for failure to pay for services rendered under the contracts on the following buildings:
110 N.E. 10th Street, Homestead, Florida
929 N.W. 2nd Avenue, Homestead, Florida
930-938 N.W. 1st Avenue, Homestead, Florida
155 N.W. 10th Street, Homestead, Florida
1223 N.E. 1st Avenue, Homestead, Florida
960 N.E. 1st Avenue, Homestead, Florida
55-67 N.E. 9th Court, Homestead, Florida
154-162 N.W. 7th Street, Homestead, Florida
B & V answered the complaint and asserted as an affirmative defense that the work was improperly performed and unsatisfactory. The suit ended with the court's entry of a Stipulated Final Judgment pursuant to settlement.
In 1995, B & V sued All Dade to recover damages for work not completed satisfactorily as required by contracts for the following buildings:
460-480 N.W. 6th Street, Homestead, Florida
521 N.W. 5th Avenue, Homestead, Florida
186-194 N.W. 2nd Street, Homestead, Florida
925 N. Krome Avenue, Homestead, Florida
30100 Old Dixie Highway, Homestead, Florida
150-170 N.W. 10th Street, Homestead, Florida
41 N.E. 3rd Road, Homestead, Florida
107 N.W. 4th Street, Homestead, Florida
125 N.W. 4th Street, Homestead, Florida
114 N.W. 5th Street, Homestead, Florida
All Dade filed a motion to dismiss asserting that res judicata barred the suit. The court
Page 415
granted the motion, dismissing the complaint with prejudice.We reverse the order dismissing B & V's complaint, and hold that this action is not barred by the doctrine of res judicata. 1 In Albrecht v. State, 444 So.2d 8 (Fla.1984), the Florida Supreme Court explained:
several conditions must occur simultaneously if a matter is to be made res judicata: identity of the thing sued for; identity of the cause of action; identity of parties; identity of the quality in the person for or against whom the claim is made. It is also a settled rule that when the second suit is between the same parties, but based upon a different cause of action from the first, the prior judgment will not serve as an estoppel except as to those issues actually litigated and determined in it.
Albrecht, 444 So.2d at 12 (citations omitted). The test for determining whether a second suit between the parties is based on the same cause of action "is whether the facts or evidence...
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Langer v. Rice, NO. 29636
...of action, even if they overlap in subject matter or derive from the same negotiations. See B & V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. 3d DCA 1995) . The same consideration can likewise serve as the basis for separate contracts, each creating a separate cause of act......
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Langer v. Rice, NO. 29636
...of action, even if they overlap in subject matter or derive from the same negotiations. See B & V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. 3d DCA 1995). The same consideration can likewise serve as the basis for separate contracts, each creating a separate cause of acti......
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Daito International v. Bedrock Amplification, Inc., 983850
...is applied when determining whether a counterclaim is compulsory. See Londono, 609 So.2d at 20; B&V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. App. 3 Dist. 1995). The "logical relationship test" is met if the same aggregate of operative facts serves as the basis of both c......
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Wilson v. Kade, No. 3D16–937
...adjudication the presence of third parties over whom the court cannot acquire jurisdiction"); B & V Ltd. v. All Dade Gen. Constr., Inc. , 662 So.2d 413, 415 (Fla. 3d DCA 1995) (holding that under the logical relationship test, a compulsory counterclaim exists "when the same aggregate of ope......
-
Langer v. Rice, NO. 29636
...of action, even if they overlap in subject matter or derive from the same negotiations. See B & V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. 3d DCA 1995) . The same consideration can likewise serve as the basis for separate contracts, each creating a separate cause of act......
-
Langer v. Rice, NO. 29636
...of action, even if they overlap in subject matter or derive from the same negotiations. See B & V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. 3d DCA 1995). The same consideration can likewise serve as the basis for separate contracts, each creating a separate cause of acti......
-
Daito International v. Bedrock Amplification, Inc., 983850
...is applied when determining whether a counterclaim is compulsory. See Londono, 609 So.2d at 20; B&V Ltd. v. All Dade Gen. Constr., Inc., 662 So.2d 413, 415 (Fla. App. 3 Dist. 1995). The "logical relationship test" is met if the same aggregate of operative facts serves as the basis of both c......
-
Wilson v. Kade, No. 3D16–937
...adjudication the presence of third parties over whom the court cannot acquire jurisdiction"); B & V Ltd. v. All Dade Gen. Constr., Inc. , 662 So.2d 413, 415 (Fla. 3d DCA 1995) (holding that under the logical relationship test, a compulsory counterclaim exists "when the same aggregate of ope......