Stevens v. Len-Hal Realty, Inc., LEN-HAL

CourtFlorida District Court of Appeals
Writing for the CourtMOORE; DOWNEY, J., and BARKETT, ROSEMARY
Citation403 So.2d 507
Decision Date26 August 1981
Docket NumberLEN-HAL,No. 80-1175
PartiesKeith C. STEVENS, Jr. and Ruth Stevens, his wife, Appellants, v.REALTY, INC., a Florida Corporation, Appellee.

Page 507

403 So.2d 507
Keith C. STEVENS, Jr. and Ruth Stevens, his wife, Appellants,
v.
LEN-HAL REALTY, INC., a Florida Corporation, Appellee.
No. 80-1175.
District Court of Appeal of Florida, Fourth District.
Aug. 26, 1981.
Rehearing Denied Oct. 5, 1981.

Page 508

Sam Costa, Jr. of Sam Costa, Jr., P.A., Pompano Beach, for appellants.

Monroe Gelb of Gelb & Spatz, Miami, for appellee.

MOORE, Judge.

This is an appeal from a final summary judgment entered in an action to foreclose a mortgage on real estate. In entering the final summary judgment, the trial court relied upon the doctrine of res judicata. The issue before us is whether the doctrine of res judicata precludes relitigation of issues raised in affirmative defenses and a counterclaim when the same issues had been litigated in a prior proceeding. We affirm in part and reverse in part.

The appellants were the purchasers of a portion of property on which was constructed a motel. They executed a purchase money mortgage in favor of the appellee. The appellants intended to operate the motel in conjunction with a restaurant and marina which was to be constructed on the remaining portion of the real estate and which was to be operated by the appellee. In a previous suit, the appellee sought declaratory relief to determine the various rights of the parties regarding the subject property and an injunction from certain alleged wrongful activities of the appellants. The appellants counterclaimed in that suit, seeking to enjoin the appellee from certain alleged wrongful conduct. In the previous suit, the trial court entered a final judgment enjoining both parties from physically or emotionally harassing each other. No appeal was taken from that final judgment. In the mortgage foreclosure action before us, the appellants filed affirmative defenses and a counterclaim alleging the same wrongful conduct as they alleged in the prior suit.

The doctrine of res judicata applies when there exists: (1) identity in the thing sued for, (2) identity of the cause of action, (3) identity of persons and parties to the actions, and (4) identity of the quality or capacity of the person for or against whom the claim is made. If these four elements exist, the doctrine of res judicata acts to bar absolutely a subsequent suit on the same cause of action. Seaboard Coast Line Railroad v. Industrial Contracting Company, 260 So.2d 860 (Fla. 4th DCA 1972). The counterclaim in the present case asserts the same cause of...

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11 practice notes
  • Amey, Inc. v. Gulf Abstract & Title, Inc., Nos. 83-3393
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 29, 1985
    ...and (4) identity of the quality or capacity of the person for or against whom the claim is made. Stevens v. Len-Hal Realty, Inc., 403 So.2d 507, 508 (Fla.Dist.Ct.App.1981); Seaboard Coastline Railroad v. Industrial Contracting Co., 260 So.2d 860 The first requirement is satisfied. In the pr......
  • Bondu v. Gurvich, Nos. 81-968
    • United States
    • Court of Appeal of Florida (US)
    • June 5, 1984
    ...124 Fla. 633, 169 So. 532 (1936); Husky Industries, Inc. v. Griffith, 422 So.2d 996 (Fla. 5th DCA 1982); Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla. 4th DCA 1981). The dismissal of Counts VIII and IX adjudicated, at most, that no cause of action lay for the hospital's failure to pr......
  • In re Int'l Oil Trading Co., CASE NO.: 15–21596–EPK
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Southern District of Florida
    • February 8, 2016
    ...identity of the quality or capacity of the person for or against whom the claim is made." Id. (citing Stevens v. Len–Hal Realty, Inc., 403 So.2d 507, 508 (Fla. DCA 1981) ; Seaboard Coast Line Railroad v. Industrial Contracting Co., 260 So.2d 860 (Fla. DCA 1972) ).The Florida Action and the ......
  • Krug v. Meros, No. 84-1402
    • United States
    • Court of Appeal of Florida (US)
    • March 27, 1985
    ...Utilities Equipment, Inc. v. Treasure Coast Utilities, Inc., 421 So.2d 1096 (Fla. 4th DCA 1982); Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla. 4th DCA 1981); Sun State Roofing Co. v. Cotton States Mutual Insurance Co., 400 So.2d 842 (Fla. 2d DCA 1981); Weigh Less for Life, Inc. v. Ba......
  • Request a trial to view additional results
11 cases
  • Amey, Inc. v. Gulf Abstract & Title, Inc., Nos. 83-3393
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 29, 1985
    ...and (4) identity of the quality or capacity of the person for or against whom the claim is made. Stevens v. Len-Hal Realty, Inc., 403 So.2d 507, 508 (Fla.Dist.Ct.App.1981); Seaboard Coastline Railroad v. Industrial Contracting Co., 260 So.2d 860 The first requirement is satisfied. In the pr......
  • Bondu v. Gurvich, Nos. 81-968
    • United States
    • Court of Appeal of Florida (US)
    • June 5, 1984
    ...124 Fla. 633, 169 So. 532 (1936); Husky Industries, Inc. v. Griffith, 422 So.2d 996 (Fla. 5th DCA 1982); Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla. 4th DCA 1981). The dismissal of Counts VIII and IX adjudicated, at most, that no cause of action lay for the hospital's failure to pr......
  • In re Int'l Oil Trading Co., CASE NO.: 15–21596–EPK
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Southern District of Florida
    • February 8, 2016
    ...identity of the quality or capacity of the person for or against whom the claim is made." Id. (citing Stevens v. Len–Hal Realty, Inc., 403 So.2d 507, 508 (Fla. DCA 1981) ; Seaboard Coast Line Railroad v. Industrial Contracting Co., 260 So.2d 860 (Fla. DCA 1972) ).The Florida Action and the ......
  • Krug v. Meros, No. 84-1402
    • United States
    • Court of Appeal of Florida (US)
    • March 27, 1985
    ...Utilities Equipment, Inc. v. Treasure Coast Utilities, Inc., 421 So.2d 1096 (Fla. 4th DCA 1982); Stevens v. Len-Hal Realty, Inc., 403 So.2d 507 (Fla. 4th DCA 1981); Sun State Roofing Co. v. Cotton States Mutual Insurance Co., 400 So.2d 842 (Fla. 2d DCA 1981); Weigh Less for Life, Inc. v. Ba......
  • Request a trial to view additional results

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