Southeastern Fidelity Ins. Co. v. Rice, s. 84-2354
| Decision Date | 03 June 1987 |
| Docket Number | Nos. 84-2354,85-304,s. 84-2354 |
| Citation | 12 Fla. L. Weekly 1388,515 So.2d 240 |
| Parties | 12 Fla. L. Weekly 1388 SOUTHEASTERN FIDELITY INSURANCE COMPANY, Appellant, v. James M. RICE, Balboa Insurance Company, John Occhuizzo, d/b/a Auto Warehouse, and John Occhuizzo d/b/a Las Olas Auto Service, Appellees. , and 85-2453. |
| Court | Florida District Court of Appeals |
Thompson & Associates, and Jeanne Heyward, Miami, for appellant.
Leonard & Morrison, Fort Lauderdale, for appellee-Rice.
Bruce David Green of Bruce David Green, P.A., Fort Lauderdale, for appellee-Occhuizzo.
Appellant, Southeastern Fidelity Insurance Company, has perfected this appeal from a final judgment for appellees, James M. Rice and John Occhuizzo, and final orders regarding costs, attorney's fees and interest.
The evidence reflects that in September, 1980, Rice agreed to purchase a 1976 Rolls Royce from Occhuizzo, who sold antique cars, Rolls Royces, and Mercedes Benzes under the business name and style of Auto Warehouse. Occhuizzo also owned and operated a Mobil service station at another location under the business name and style of Las Olas Auto Service.
On October 2, 1980, Rice paid Occhuizzo $10,000 toward the purchase of the car and received a receipt from Auto Warehouse. Rice then left town, but on October 13, 1980, his employee delivered the balance of the purchase price of $35,500 to Occhiuzzo and received another receipt from Auto Warehouse. The car was then delivered by Occhiuzzo to Las Olas Auto Service for some final mechanical repairs. After those repairs had been made, but before road testing and delivery to Rice, a customer of Las Olas Auto Service inquired about the Rolls Royce and expressed an interest in it. Occhuizzo allowed the customer to testdrive the car away from the station, during which time an accident occurred, badly damaging the vehicle. The car was never delivered to Rice, and eventually he filed suit against John Occhuizzo, individually, John Occhuizzo a/k/a Auto Warehouse, and John Occhuizzo d/b/a Las Olas Auto Service, Balboa Insurance Company, and Southeastern Fidelity Insurance Company. Balboa insured Occhuizzo a/k/a Auto Warehouse and Southeastern insured Occhuizzo d/b/a Las Olas Auto Service. However, both insurers were eliminated from the suit before trial without adjudication of liability. The complaint alleged a cause of action for breach of contract by failing to deliver the car that Rice had agreed to purchase. The case resulted in a directed verdict for Rice and a final judgment for $44,500 against Occhuizzo, individually, Occhuizzo a/k/a Auto Warehouse and Occhuizzo d/b/a Las Olas Auto Service.
Subsequent thereto, both Rice and Occhuizzo filed suits for declaratory relief, each naming Southeastern and Balboa as defendants, in which they sought a declaration of their rights under the respective insurance policies issued by said insurance carriers. The cases were consolidated. Balboa eventually settled with the plaintiffs. Southeastern admitted issuance of the insurance policy to Occhuizzo d/b/a Las Olas Auto Service but denied coverage or liability under the circumstances of this case. Furthermore, Southeastern alleged an affirmative defense of collateral estoppel regarding the issue of ownership of the Rolls Royce at the time of the accident. It was contended therein that Rice and Occhiuzzo had litigated the issue of ownership in the first case, wherein the court held that Occhuizzo was the owner of the car and that Rice was entitled to a judgment for the purchase price he had paid to Occhuizzo.
Southeastern also moved for summary judgment, based on the determination in the prior lawsuit, since its policy specifically excluded any vehicles owned by, rented to or held for sale by the named insured. Southeastern, again, asserted in this motion that the parties were estopped from relitigating the issue of the ownership of the car. The trial court denied Southeastern's motion for summary judgment on the collateral estoppel issue and the case went to trial, resulting in a verdict and judgment for Rice and Occhuizzo against Southeastern. The trial court also denied Southeastern's motion for directed verdict on the coverage issue. The jury determined that Rice was the owner of the car and that he was entitled to $55,000.
We hold that the trial court erred in denying Southeastern's motion for summary judgment on the issue of collateral estoppel and in denying Southeastern's motion for directed verdict on the issue of coverage.
Collateral estoppel is a complete defense to the relitigation of an issue when there is an identity of parties or their privies, an identity of issues, and an actual litigation thereof in the first suit. Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla. 4th DCA 1981); Seaboard Coast Line Railroad v. Industrial Contracting Co., 260 So.2d 860 (Fla. 4th DCA 1972); 32 Fla.Jur.2d Judgments and Decrees § 114 (1981). The principal involved in collateral estoppel is that:
[a]ny right, fact or matter in issue and directly adjudicated, or necessarily involved in the determination of an...
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