Singleton v. GRAYMAR ASSOCIATES, 4D02-667.
| Decision Date | 05 March 2003 |
| Docket Number | No. 4D02-667.,4D02-667. |
| Citation | 840 So.2d 356 |
| Parties | Gwendolyn SINGLETON and William Singleton, her husband, Appellants, v. GREYMAR ASSOCIATES, Appellee. |
| Court | Florida District Court of Appeals |
William Chennault of Chennault Attorneys & Counsellors at Law, Fort Lauderdale, for appellants.
Mark Evan Kass of Mark Evan Kass, P.A., Miami, for appellee.
We affirm the summary final judgment of foreclosure. Even though an earlier foreclosure action filed by appellee was dismissed with prejudice, the application of res judicata does not bar this lawsuit. The first foreclosure action sought relief due to appellants' failure to make payments from September 1, 1999 onward, with interest accruing from August 1, 1999 through February 1, 2000; this foreclosure action was based on appellants' failure to make payments from April 1, 2000 onward, with interest accruing from March 1, 2000 through July 1, 2001. The second action involved a new and different breach.
In Capital Bank v. Needle, 596 So.2d 1134 (Fla. 4th DCA 1992), we wrote:
review denied, 791 So.2d 1100 (Fla.2001).
AFFIRMED.
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