RONALD E. CLAMPITT, APPELLANT,
v.
PATRICIA A. CLAMPITT, APPELLEE
RONALD E. CLAMPITT, APPELLANT,
PATRICIA A. CLAMPITT, APPELLEE
621 So. 2d 586
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court which dismissed “with prejudice” appellant’s separate suit for breach of the property settlement agreement incorporated in the final judgment in the parties’ dissolution of marriage, Case No. 89-0546-14. On remand, the court will strike the words “with prejudice” from its order. The effect of our reversal is to preclude appellee from raising the defense of res judicata when appellant pursues the same legal remedies for enforcement of the final judgment in Case No. 89-055406-14. See Jones v. Gulf Coast Newspapers, Inc., 595 So. 2d 90 (Fla. 2d DCA 1992).
Reversed and remanded for further proceedings.
RYDER, A.C.J., and DANAHY and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sugarman v. Galbut, 666 So. 2d 266 (Fla. 3d DCA 1996)…verse that portion of the order which states that the dismissal is “with prejudice.” The effect of our reversal is to preclude appellee from raising the defense of [*268] res judicata in the pending personal injury action.1 See Clampitt v. Clampitt, 621 So. 2d 586 (Fla. 2d DCA 1993). Accordingly, we affirm the dismissal of the action below but remand with instructions that the dismissal be without prejudice. . To his credit, appellee Abraham Galbut has effectively stipulated on this appeal that the dismissa…
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State v. Grubb, 629 So. 2d 325 (Fla. 5th DCA 1994)…riteria required before defense is conducted at the cost of [*326] public funds. In both cases, the parent had not been contacted prior to the appointment of the public defender; that is the same circumstance that exists in this case. State v. Edge, 621 So. 2d 586 (Fla. 5th DCA 1993); State v. D.V.S., 617 So. 2d 1162 (Fla. 5th DCA 1993). PETITION GRANTED; ORDER QUASHED; REMANDED. DAUKSCH, PETERSON and THOMPSON, JJ., concur.…
Authorities Cited
- Jones v. Gulf Coast Newspapers, Inc., 595 So. 2d 90 (Fla. 2d DCA 1992)