FRANK HESSER AND METAL FOAM INDUSTRIES, INC., APPELLANTS,
v.
JERRY FLICK APPELLEE

Fla. 3d DCA | 1999-07-21
No. 99-386
Before SCHWARTZ, C.J., and COPE and GREEN, JJ.
737 So. 2d 610 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 4 cases

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Synopsis

Appellants appealed a breach of contract judgment, arguing the trial court abused its discretion by excluding evidence of an Alabama judgment entered in their favor on the same contract. The Third District Court of Appeal reversed, holding that the trial court improperly refused to consider the preclusive effect of the Alabama judgment and that the appellee's concerns about jurisdiction could be litigated in the Florida enforcement proceeding.


Holding

The appellate court held that the trial court abused its discretion in refusing to admit the Alabama proceedings. The court concluded that because the appellants had pleaded and attempted to argue the preclusive effect throughout the proceedings below, the appellee was not surprised and could not claim prejudice. The appellee could litigate the jurisdictional issue in the Florida action or in a separate action to enforce the Alabama judgment.


Headnotes

[1] A trial court abuses its discretion by refusing to admit evidence of prior proceedings when the opposing party is not surprised by the evidence and has the opportunity to…

[2] The doctrine of res judicata bars relitigation of justiciable issues that were decided by a court of competent jurisdiction.

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Key Quotes

“the general principle behind the doctrine of res judicata is that a final judgment, entered by a court of competent jurisdiction, is absolute and puts to rest every justiciable, as well as every actually litigated issue”

Establishes the fundamental principle of res judicata that the court applied to the case

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Facts & Procedural History

Appellants Frank Hesser and Metal Foam Industries brought a breach of contract action in Florida against appellee Jerry Flick. The appellants had prev…

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Opinion of the Court
PER CURIAM.

[*611] PER CURIAM.

This is an appeal from a final judgment entered after a non-jury trial in a breach of contract action. The appellants, defendants below, assert that the trial court abused its discretion when it refused to allow them to introduce a complaint and a final default judgment from an Alabama court entered in their favor in the breach of contract action brought against the appellee on the same contract for the court’s consideration of their res judicata effect on this Florida action. See Albrecht v. State, 444 So. 2d 8,11-12 (Fla.1984) (reasoning that the general principle behind the doctrine of res judicata is that a final judgment, entered by a court of competent jurisdiction, is absolute and puts to rest every justiciable, as well as every actually litigated issue); see also Jenkins v. State, 931 F. 2d 1469, 1472 (11th Cir.1991) (concluding that under res judicata principles, in Florida, a final judgment puts an end to the cause of action between the litigants which cannot be relitigated absent fraud or some other factor that nullifies the judgment).

The trial court disallowed the Alabama pleadings based upon the appellee’s argument that he would be prejudiced because he was never properly served in the Alabama action and never had the opportunity to contest that court’s jurisdiction over him.

We agree with the appellants that the trial court abused its discretion in refusing to admit evidence of the Alabama proceedings given the record evidence that the appellants plead and attempted to argue the preclusive effect of the Alabama proceedings throughout the course of the proceedings below and the appellee was thus not surprised at the time of trial. Further, contrary to the appellee’s argument of prejudice,' he would be entitled to litigate the issue of whether the Alabama court properly acquired jurisdiction over him in this action or in a separate action brought to enforce the Alabama final judgment, if he has not already done so in Alabama. See Best Form, Inc. v. Richards Prod., Inc., 631 So. 2d 1123, 1124 (Fla. 4th DCA 1994) (the issue of personal jurisdiction in Minnesota can be litigated in Florida action brought to enforce Minnesota judgment where defendants did not appear in Minnesota action); Riskin v. Miklos, 569 So. 2d 940, 941 (Fla. 3d DCA 1990) (holding that “where the jurisdictional issue is not fairly litigated in the initial court, the defendants are free to raise the question de novo in the jurisdiction in which enforcement of the judgment is attempted.”) (emphasis added in the original); Ratner v. Hensley, 303 So. 2d 41, 45 (Fla. 3d DCA 1974) (holding that the validity of process is a matter essential to the jurisdiction over the defendant of the South Carolina court and that it may be raised in this state in an action to enforce the South Carolina judgment).

We, therefore, reverse the final judgment and remand this cause for the court’s determination of whether the Alabama final judgment was validly entered under Alabama law, if that issue has not already been determined in the Alabama court and whether this Florida action is thus barred by the doctrine of res judicata.


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Citator

Cited By

  • The Cadle Co. v. JAY, 907 So. 2d 634 (Fla. 3d DCA 2005)
    …JSZ Fin. Co., 885 So. 2d 933 (Fla. 4th DCA 2004)(reversing enforcement proceedings in Florida on Texas default judgment upon production of evidence in Florida court demonstrating insufficiency of service of process under Texas law); Hesser v. Flick, 737 So. 2d 610 (Fla. 3d DCA 1999)(reversing judgment rendered against defendants in breach of contract action for consideration of preclu-sive effect of prior Alabama judgment after “the court[ ] determine[es] whether the [prior] Alabama final judgment was validly…
  • Hesser v. Flick, 758 So. 2d 1266 (Fla. 3d DCA 2000)
    …al judgment and remanded the case for the lower court’s determination of whether the Alabama final judgment was validly entered under Alabama law, and whether the Florida action was thus barred by the doctrine of res judica-ta.1 See Hesser v. Flick, 737 So. 2d 610 (Fla. 3d DCA 1999)(“Hesser I”). Upon remand and after an evi-dentiary hearing, the trial court found the Alabama default judgment against Flick to be invalid under Alabama law because Flick had not been properly served in accordance with the Alabam…

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