AMEC CIVIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, APPELLANT,
v.
PTG CONSTRUCTION SERVICES COMPANY, A DELAWARE CORPORATION; AND PARSONS TRANSPORTATION GROUP, INC., AN ILLINOIS CORPORATION, D/B/A PARSONS TRANSPORTATION GROUP OR PARSONS, APPELLEES
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The appellate court affirmed a lower court's summary judgment, holding that the current lawsuit was barred by res judicata. The court found that the prior litigation involved the same parties or their privies, the same cause of action, and the same subject matter.
Yes, the current lawsuit is barred by res judicata. All four conditions for res judicata were met, including the identity of the parties or their privies, the identity of the cause of action, and the identity of the thing sued for.
[1] A prior judgment on the merits between the same parties or their privies, upon the same cause of action, by a court of competent jurisdiction, is conclusive under the doc…
[2] The doctrine of res judicata requires identity of the thing sued for, identity of the cause of action, identity of the parties, and identity of the quality in the person…
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Join FLexlaw to unlock all legal intelligence“As we explained in AMEC I, a matter is res judicata if the following conditions are met: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of the parties; and (4) identity of the quality in the person for or against whom the claim is made.”
This quote outlines the legal test for res judicata that the court applied.
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Join FLexlaw to unlock all legal intelligenceAMEC Civil, LLC appealed a summary judgment granted in favor of PTG Construction Services Company and Parsons Transportation Group, Inc. The appellees…
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AMEC Civil, LLC appeals a final summary judgment in favor of Parson’s Transportation Group, Inc. and PTG Construction Services Company, appellees, on res judicata and collateral estoppel grounds. Based upon this court’s prior opinion in AMEC Civil, LLC v. State, Detriment of Transportation, 41 So.3d 235 (Fla. 1st DCA 2010) (AMEC I), we agree with the trial court that this action is barred by the doctrine of res judicata. Accordingly, we affirm.
*456As we explained in AMEC I, a matter is res judicata if the following conditions are met:
(1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of the parties; and (4) identity of the quality in the person for or against whom the claim is made.
AMEC I, 41 So.3d at 239-^0. We find that all four conditions are satisfied here. As to the identity of the parties, we conclude that there is an identity of the parties here because appellees are privies of the Florida Department of Transportation. The Florida Supreme Court has explained that “[a] judgment on the merits rendered in a former suit between the same parties or their privies, upon the same cause of action, by a court of competent jurisdiction, is conclusive....” Kimbrell v. Paige, 448 So.2d 1009, 1012 (Fla.1984) (quoting Wade v. Clower, 94 Fla. 817, 114 So. 548, 552 (1927) (emphasis supplied)). “A privy is one who is identified with the litigant in interest.” Progressive Am. Ins. Co. v. McKinnie, 513 So.2d 748, 749 (Fla. 4th DCA 1987). “Privity is a mutuality of interest, an identification of interest of one person with another, and includes privity of contract, the connection or relationship which exists between contracting parties.” Radie v. Allstate Ins. Co., 758 F.Supp. 1464, 1467 (M.D.Fla.1991). Further, identity of parties exists if the third parties [PTG & Parsons], as here, had indemnity obligations to the Department of Transportation. Massey v. David, 831 So.2d 226, 233 (Fla. 1st DCA 2002).
AFFIRMED.
VAN NORTWICK, LEWIS, and SWANSON, JJ., concur.
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Wildflower, LLC v. ST. Johns River Water Mgmt. Dist., 179 So. 3d 369 (Fla. 5th DCA 2015)…onditions are met: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of the parties; and (4) identity of the quality in the person for or against whom the claim is made.” AMEC Civil, LLC v. PTG Constr. Servs. Co., 106 So. 3d 455 (Fla. 1st DCA 2012). “The effect of res judicata is that the judgment constitutes an absolute bar to a subsequent action.” Seaboard Coast Line R. Co. v. Indus. Contracting Co., 260 So. 2d 860, 862 (Fla. 4th DCA 1972). Res judicata binds the parties…
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Mblock Invs., LLC v. Bovis Lend Lease, Inc., 274 So. 3d 504 (Fla. 3d DCA 2019)…term ‘privity’ has no definition which can be applied uniformly, it is not completely elusive, but denotes a mutual or successive relationship to the same interest in property” (internal citations omitted)); AMEC Civil, LLC v. PTG Const. Servs. Co., 106 So. 3d 455, 456 (Fla. 1st DCA 2012) (holding the doctrine of res judicata barred action where defendants were privies of prior litigant and noting: “Privity is a mutuality of interest, and identification of interest of one person with another, and includes pr…
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Pickell v. Lennar Homes, LLC, 372 So. 3d 1279 (Fla. 6th DCA 2023)…564 So. 2d 1217 (Fla. 3d DCA 1990). Lennar Homes correctly cites another instance where Florida courts have applied the concept of privity—where one party has indemnification responsibilities to the other. AMEC Civil, LLC v. PTG Constr. Servs. Co., 106 So. 3d 455, 456 (Fla. 1st DCA 2012). But that obligation of indemnification must run from the party asserting the res judicata defense to the party who was sued in the separate action. Here, the indemnification responsibility does not run from Lennar Homes to…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Neill G. Wade v. Clower, 94 Fla. 817 (Fla. 1927)
- Dorman K. Kimbrell, Jr. v. Paige, 448 So. 2d 1009 (Fla. 1984)
- Progressive Am. Ins. Co. v. McKINNIE, 513 So. 2d 748 (Fla. 4th DCA 1987)
- Jackson v. State, 831 So. 2d 226 (Fla. 5th DCA 2002)
- Amec Civil, LLC v. State, 41 So. 3d 235 (Fla. 1st DCA 2010)