R. MICHAEL PIPKIN, APPELLANT,
v.
ROBERT H. WIGGINS, APPELLEE
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The court held that the trial court correctly denied the appellant's motion to dismiss, upholding jurisdiction over the defendant.
The appellant moved to dismiss, alleging lack of jurisdiction and res judicata. The prior litigation involved a joint venture agreement, while the cur…
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FERGUSON, Judge.
The appellant’s motion to dismiss, which alleged that the court lacked jurisdiction over the defendant and that res judicata principles precluded relitigation of the jurisdictional issue, was correctly denied.1
For the purpose of long-arm jurisdiction over the person pursuant to section 48.193(l)(b), Florida Statutes (1987), where a tortious act is committed within this state, it is not necessary to show that the defendant was physically present in the state of Florida. See Lewis v. Cues, 338 So. 2d 241 (Fla. 4th DCA 1976).
Prior litigation between these parties involved breach of obligations under a joint venture agreement. The instant litigation is based on a different cause of action arising from a subsequent interference with that agreement; therefore, res judicata principles are not applicable. Albrecht v. State, 444 So. 2d 8, 12 (Fla.1984) (“[W]hen 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.”).
Jurisdiction here is based on acts of solicitation within the state which were not present or pertinent in previous jurisdictional determinations. For that reason collateral estoppel is no bar. Nationwide Mut. Fire Ins. Co. v. Race, 508 So. 2d 1276, 1278 (Fla.3d DCA 1987) (collateral estoppel is no bar where the issue sought to be precluded was not actually litigated and determined in the prior action.).
Affirmed.
. Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) provides for review of a non-final order which determines jurisdiction of the person.
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Amec Civil, LLC v. State, 41 So. 3d 235 (Fla. 1st DCA 2010)…the NWL was filed or accrued before entry of the NWL judgment. Claims for subsequent, unrelated breaches of a contract resulting in new and distinct damages are not barred by res judicata and may be addressed in new lawsuits. See Pipkin v. Wiggins, 526 So. 2d 1002 (Fla. 3d DCA 1988) (res judica-ta did not bar current litigation when prior litigation between the parties involved one breach of obligation under a joint venture agreement and instant litigation was based on a different cause of action from a subse…
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Aronson v. Aronson, 81 So. 3d 515 (Fla. 3d DCA 2012)…s judicata defense available to the appellants in this case. See AMEC Civil, LLC v. State Dep’t of Transp., 41 So. 3d 235, 245 (Fla. 1st DCA 2010); Jones v. State ex rel. City of Winter Haven, 870 So. 2d 52, 55 (Fla. 2d DCA 2003); Pipkin v. Wiggins, 526 So. 2d 1002, 1003 (Fla. 3d DCA 1988) (holding res judicata did not bar current litigation when prior litigation between the parties involved one breach of obligation under a joint venture agreement and instant litigation was based upon a different cause of acti…
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Hans Biernath v. First Nat'l Bank & Tr. of Beverly, 530 So. 2d 505 (Fla. 3d DCA 1988)…r the defendant. See F. Hoffmann LaRoche [*506] & Co., Ltd. v. Felix, 512 So. 2d 997 (Fla. 3d DCA 1987). REVERSED AND REMANDED. ■ . Recent cases of this court may guide a resolution of the remaining jurisdictional issues. See Pipkin v. Wiggins, 526 So. 2d 1002 (Fla. 3d DCA 1988) (long-arm jurisdiction does not require defendant/tortfeasor’s physical presence in the state) and EJ. Sales & Service, Inc. v. Southeast First Natl Bank of Miami, 415 So. 2d 906 (Fla. 3d DCA 1982) (cause of action for conversion…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prudential Prop. & Cas. Ins. Co. v. Lark Lynette Lambert, 444 So. 2d 8 (Fla. 1983)
- Nationwide Mut. Fire Ins. Co. v. Race, 508 So. 2d 1276 (Fla. 3d DCA 1987)
- Lewis v. Cues, Inc., 338 So. 2d 241 (Fla. 4th DCA 1976)