MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, APPELLANT,
v.
AMBASSADOR CONCESSIONS, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the state trial court's summary judgment, based on a federal district court judgment that was subsequently reversed, must be reversed.
Appellant sued for possession of real property, claiming ownership against appellee's leasehold interest. Appellee asserted a prior federal dismissal …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Leasehold Interest cases and more on FLexlaw
PER CURIAM.
The appellant alleged in the trial court that it was the owner of real property upon which the appellee claimed a leasehold interest. The complaint further alleged disputes between the parties, appellant’s attempt to cancel the lease and appellee’s continued possession of the premises. The complaint sought recovery of possession and damages. The appellee filed an answer including an affirmative defense. The affirmative defense asserted that the same cause had been dismissed with prejudice in the United States District Court for the Southern District of Florida. Summary final judgment was entered for the defendant and this appeal followed.
After the appeal to this court had been filed, the United States Court of Appeals for the Fifth Circuit reversed the judgment of the United States District Court. Massachusetts Mutual Life Insurance Company v. Ambassador Concessions, Inc., 489 F. 2d 282 (Sth Cir. 1973).
The issue before the State trial court was whether the judgment of the United States District Court (now reversed) was res judicata. The trial court correctly determined that a final judgment upon the identical cause of action would be a bar to a subsequent action in a State court. See Butler v. Richard Bertram & Company, Fla.App. 1973, 281 So. 2d 227. Hindsight now recommends what could have been a more efficient disposition by holding the action in the State court in abeyance pending the outcome of the appeal in the federal system. See Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927).
Upon the present state of this record as supplemented as above noted, we must reverse the summary final judgment and remand the cause for such further proceedings as the trial court may find proper. Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gale Kinne v. Burgin, 311 So. 2d 695 (Fla. 3d DCA 1975)…fore the court was correct in disallowing an amendment to the appellants’ answer which would have reflected the earlier adjudication, now set aside. Compare, Massachusetts Mutual Life Insurance Company v. Ambassador Concessions, Inc., Fla.App. 1974, 293 So. 2d 75. A reading of our holding in appeals numbered 74^599 and 74-611 likewise answers the appellants’ contention that the court erred in, directing a verdict in favor of the appellees on the issue of Samuel Kinne’s contributory (comparative) negligence,…
-
City OF Miami v. Fraternal Order OF Police, 414 So. 2d 225 (Fla. 3d DCA 1982)…t Court and may be afforded complete relief there, we remand this cause with directions to stay, pending the outcome of the proceedings in the United States District Court. Massachusetts Mutual Life Insurance Company v. Ambassador Concessions, Inc., 293 So. 2d 75 (Fla.3d DCA 1974). Remanded with directions.…
-
Pettijohn v. Dade Cnty., 446 So. 2d 1143 (Fla. 3d DCA 1984)…a effect in state court proceedings. Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927); AGB Oil Co. v. Crystal Exploration and Production Co., 406 So. 2d 1165 (Fla. 3d DCA 1981); Massachusetts Mutual Life Insurance Co. v. Ambassador Concessions, Inc., 293 So. 2d 75 (Fla. 3d DCA 1974); Butler v. Richard Bertram & Co., 281 So. 2d 227 (Fla. 3d DCA 1973); Curry v. Educoa Preschool, Inc., 580 P. 2d 222 (Utah 1978); Litten v. Peer, 156 W.Va. 791, 197 S.E. 2d 322 (1973). A judgment which is entitled to full faith and…
Authorities Cited
- Neill G. Wade v. Clower, 94 Fla. 817 (Fla. 1927)
- Butler v. Richard Bertram & Co., 281 So. 2d 227 (Fla. 3d DCA 1973)
- Mass. Mut. Life Ins. Co. v. Ambassador Concessions, Inc., 489 F.2d 282 (5th Cir. 1973)