FREDERICK HECK, APPELLANT,
v.
VICTORIA HECK, APPELLEE
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Frederick Heck appeals a temporary injunction entered against him based on allegations of elder abuse and financial improprieties by his mother, Victoria Heck. The court affirms the injunction while dismissing the portion of the appeal concerning financial awards as outside its jurisdiction.
The court affirms the temporary injunction, holding that res judicata does not bar the subsequent injunction because the circumstances alleged in the November hearing differed from those in the September proceeding. The court dismisses the portion of the appeal concerning the financial awards as outside appellate jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii).
[1] Res judicata does not bar a subsequent injunction when the circumstances have changed since the denial of a prior injunction.
[2] A trial court's findings supporting a temporary injunction are affirmed if supported by competent substantial evidence in the record.
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“The terms of any initial injunction, based upon the circumstances which then prevail, cannot bind a subsequent determination of the appropriate extent of the injunction under the doctrine of res judicata.”
The court's reasoning for rejecting the res judicata defense, explaining that changed circumstances allow for a new injunction determination
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Join FLexlaw to unlock all legal intelligenceVictoria Heck filed a seven-count complaint against her son Frederick Heck alleging abuse and financial misappropriations. At an emergency hearing in …
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PER CURIAM.
Frederick Heck appeals a non-final order of the trial court which entered a temporary injunction in favor of his mother, Victoria Heck, based on her allegations of abuse and financial improprieties of her son. We affirm in part and dismiss in part.
The subject injunction was entered at an emergency hearing held in November, 1997 after Mrs. Heck had filed a seven-count complaint. Based on specific findings of elder abuse and financial misappropriations by Mr. Heck, the court ordered him to vacate the house, titled jointly in his and his mother’s names, to turn over to his mother the exclusive use of an automobile registered in his name, and to pay his mother sums toward his past due household expenses as her co-tenant.
Mr. Heck argues that the doctrine of res judicata bars the injunction based on a September 1997 ruling by the Domestic Violence court, in which a different judge denied Mrs. Heck an injunction against her son and dismissed a temporary restraining order that she had procured against him.
We disagree. The allegations in Mrs. Heck’s complaint, as well as her testimony at the November, 1997 evidentiary hearing, revealed different circumstances than had existed at the time she sought the injunction in September. The terms of any initial injunction, based upon the circumstances which then prevail, cannot bind a subsequent determination of the appropriate extent of the injunction under the doctrine of res judicata. Hale v. Miracle Enters. Corp., 517 So. 2d 102, 103 (Fla. 3d DCA 1987) (citation omitted).
Because we find that the trial court’s findings below are supported by competent substantial evidence in the record, we affirm. We dismiss that portion of Mr. Heck’s appeal involving the award of sums to Mrs. Heck as falling outside the jurisdiction of Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii) (1997). A party may not appeal a nonappealable ruling simply because it is contained within an order that also contains an appealable order. See Chester v. Hendler, 428 So. 2d 730, 732 (Fla. 4th DCA), petition for rev. denied, 437 So. 2d 677 (Fla.1983). This dismissal is, of course, without prejudice to raise these financial issues in a plenary appeal.
AFFIRMED in part; DISMISSED in part.
POLEN, FARMER and KLEIN, JJ., concur.
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Sassano v. Sassano, 721 So. 2d 444 (Fla. 5th DCA 1998)…t this point, the former husband is bound by the stipulated judgment into which the parties entered, in open court. He cannot now seek a belated appeal of the final judgment under the guise [*446] of appealing from this contempt order. Heck v. Heck, 714 So. 2d 1200 (Fla. 4th DCA 1998); Chesler v. Hendler, 428 So. 2d 730, 732 (Fla. 4th DCA 1983). AFFIRMED. HARRIS and ANTOON, JJ., concur. . Vaccaro v. Vaccaro, 677 So. 2d 918 (Fla. 5th DCA 1996); Miller v. Miller, 625 So. 2d 1320 (Fla. 5th DCA 1993); Nicewonde…
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Susanne Klement v. Boris Kofsman o/b/o A.K. (Fla. 4th DCA 2022)…itigate incidents that occurred seven months after she filed her initial complaint). Our court has also found that res judicata will not bar litigation of different circumstances that would support the imposition of an injunction. Heck v. Heck, 714 So. 2d 1200, 1200–01 (Fla. 4th DCA 1998). Because the first judge had previously considered the incidents described again in the second hearing and found each of them insufficient to constitute qualifying acts of harassment or stalking under the applic…
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Susanne Klement v. Boris Kofsman o/b/o (Fla. 4th DCA 2022)…o litigate incidents that occurred seven months after she filed her initial complaint). Our court has also found that res judicata will not bar litigation of different circumstances that would support the imposition of an injunction. Heck v. Heck, 714 So. 2d 1200, 1200–01 (Fla. 4th DCA 1998). Because the first judge had previously considered the incidents described again in the second hearing and found each of them insufficient to constitute qualifying acts of harassment or stalking under the applicable sta…
Authorities Cited
- Morton v. State, 517 So. 2d 102 (Fla. 5th DCA 1987)
- Chesler v. Hyman B. Hendler, 428 So. 2d 730 (Fla. 4th DCA 1983)