JEWEL MCNEAL LEWIS, APPELLANT,
v.
B & L SERVICE, INC. AND AIRPORT RENT-A-CAR, INC., APPELLEES
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Jewel Lewis sued for injuries from an automobile accident and obtained a jury verdict in her favor. Before a second related lawsuit could proceed, the trial court granted summary judgment dismissing it based on res judicata and collateral estoppel. The appellate court reversed, holding that because the first judgment was reversed and remanded for a new trial in a companion appeal, the preclusion doctrines did not apply.
The doctrines of res judicata and collateral estoppel do not apply when the underlying judgment has been reversed and remanded. The trial court's summary judgment dismissing the second action must be reversed because it rested solely on these inapplicable preclusion doctrines.
[1] A prior judgment is not res judicata or collateral estoppel if that judgment has been reversed on appeal.
[2] A reversal of a judgment on appeal renders the doctrines of res judicata and collateral estoppel inapplicable to the case.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since we have reversed and remanded this cause for a new trial on the personal injury claims of Lewis, the doctrines of res judicata and collateral estoppel do not apply to this action.”
Establishes the core holding that preclusion doctrines cannot apply when the underlying judgment has been reversed and remanded.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn November 23, 1992, Lewis filed suit against Airport Rent-A-Car and taxi driver Warren Campbell for injuries from an automobile accident. On April 2…
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PER CURIAM.
On November 23, 1992, Jewel MeNeal Lewis filed suit against Airport Rent-A-Car, Inc. and Warren A. Campbell for injuries she sustained in an automobile accident, L.T. Case No. 92-30537. On March 19, 1996, Lewis filed a second lawsuit, L.T. Case No. 96-3720(12), against B & L Services, Inc. (“B & L Services”), the lessor of the taxi involved in the accident, Airport Rent-A-Car, Inc., the owner of the taxi, and Campbell, the taxi driver, arising out of the same accident as that asserted in L.T. Case No. 92-30537.
On April 25,1996, the trial court entered a final judgment on the jury’s verdict in favor of Lewis and against Airport Rent-A-Car and Warren A. Campbell for the injuries she sustained in the subject automobile accident. Thereafter, Airport Rent-A-Car and B & L Service, Inc. moved for summary judgment claiming that the verdict and judgment in the initial action in favor of Lewis barred this action by virtue of res judicata and collateral estoppel. The trial court granted their motions for summary judgment and Lewis appeals.1
Airport Rent-A-Car and Campbell, in Case No. 96-1653, appealed from the verdict and judgment entered in L.T. Case No. 92-30537. This court, in an opinion that is being simultaneously released with this opinion, has reversed that judgment and remanded the case for a new trial. The parties agree that the outcome of the appeal in Case No. 96-1653 will control the outcome of this appeal. Since we have reversed and remanded this cause for a new trial on the personal injury claims of Lewis, the doctrines of res judicata and collateral estoppel do not apply to this action. Appellees failed to assert any other ground in support of their motion for summaiy judgment. Therefore, we reverse the trial court’s summary judgment in favor of Airport Rent-A-Car and B & L Service, Inc. without prejudice to either party to again move for summary judgment on such grounds as they may deem appropriate. We remand this cause for further proceedings.
REVERSED and REMANDED.
DELL and STEVENSON, JJ., and MUIR, CELESTE EL, Associate Judge, concur. . Campbell filed a motion to dismiss on July 8, 1996, and a motion for summaiy judgment on August 20, 1996, asserting that Case No. 96-3720 is barred by the doctrines of res judicata and collateral estoppel. The record on appeal does not contain rulings on either of these motions. However, in Case No. 96-3834, Lewis appealed an order granting summaiy judgment in favor of Campbell. This case was voluntarily dismissed onJanuaiy28, 1997.