JANICE BROWN AND JOHN VONASEK, APPELLANTS,
v.
M & T BANK, ETC., ET AL., APPELLEES
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This Florida foreclosure case addresses whether dismissal of a foreclosure action for lack of standing constitutes an adjudication on the merits for res judicata purposes. The Fifth District Court of Appeal held that it does not, affirming the lower court's decision and establishing important precedent on the preclusive effect of standing dismissals in Florida foreclosure law.
A dismissal based on lack of standing is not an adjudication on the merits and therefore does not bar relitigation of the cause of action under res judicata. The dismissal is without prejudice and does not preclude a subsequent suit on the same claim.
[1] Dismissal of a foreclosure action for lack of standing does not operate as an adjudication on the merits for purposes of res judicata.
[2] A dismissal based on standing is not "on the merits" and therefore will not act as a bar to a later suit.
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Join FLexlaw to unlock all legal intelligence“Standing ranks amongst those questions of jurisdiction and justiciability not involving an adjudication on the merits, whose disposition will not bar relitigation of the cause of action originally asserted, but may preclude, or collaterally estop, relitigation of the precise issues of jurisdiction adjudicated.”
Establishes the fundamental principle that standing is a jurisdictional question separate from merits adjudication
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Join FLexlaw to unlock all legal intelligenceA foreclosure action was filed against Brown and Vonasek by M & T Bank. The case was dismissed for lack of standing. The plaintiffs appealed, raising …
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This foreclosure action presents an issue that does not appear to have been previously addressed in Florida: Whether the dismissal of a foreclosure action for lack of standing operates as an adjudication on the merits for purposes of res judicata. We hold that it does not, and affirm. See Cutler v. Hayes, 818 F.2d 879, 888 (D.C.Cir.1987) (“Standing ranks amongst those questions of jurisdiction and justicia-bility not involving an adjudication on the merits, whose disposition will not bar relit-igation of the cause of action originally asserted, but may preclude, or collaterally estop, relitigation of the precise issues of jurisdiction adjudicated.” (footnotes omitted)); McCarney v. Ford Motor Co., 657 F.2d 230, 233 (8th Cir.1981) (“[A] dismissal based on standing is not “on the merits” and therefore will not act as a bar to a later suit.”); Batterman v. Wells Fargo Ag Credit Corp., 802 P.2d 1112, 1118 (Colo.App.1990) (noting that dismissal of a suit for lack of standing is also not “on the merits” of the underlying substantive claim and thus does not bar relitigation of cause of action previously asserted based on res judicata); Gilbert v. Nampa Sch. Dist. No. 131, 104 Idaho 137, 657 P.2d 1, 4 (1983) (holding that prior dismissal for lack of standing was not an adjudication on the merits under language identical to rule 1.420(b); subsequent suit not barred by *1271res judicata); Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St.3d 18, 979 N.E.2d 1214, 1223 (2012) (“The lack of standing at the commencement of a foreclosure action requires dismissal of the' complaint; however, that dismissal is not an adjudication on the merits and is therefore without prejudice. Because there has been no adjudication on the underlying indebtedness, our dismissal has no effect on the underlying duties, rights, or obligations of the parties.” (internal citation omitted)). No other issue merits discussion.
AFFIRMED.
EVANDER and COHEN, JJ., concur.
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Forty ONE Yellow v. Escalona, 45 Fla. L. Weekly D1137 (Fla. 2d DCA 2020)…losure complaint here is based on a separate and distinct period of default on that payment obligation from the period of default alleged in the first action. Provident Funding Assocs., 257 So. 3d at 1119 (citation omitted); see Brown v. M & T Bank, 183 So. 3d 1270, 1270 (Fla. 5th DCA 2016) ("This foreclosure action presents an issue that does not appear to have been previously addressed in Florida: Whether the dismissal of a foreclosure action for lack of standing operates as an adjudication on the merits for…
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Matta v. Wilmington Sav. Fund Soc'y, FSB, 270 So. 3d 425 (Fla. 4th DCA 2019)
Authorities Cited
- Mimi Cutler v. Hayes, 818 F.2d 879 (D.C. Cir. 1987)
- McCARNEY v. Ford Motor Co., 657 F.2d 230 (8th Cir. 1981)