FRANCES OWEN WARRINER, A/K/A FRANCES O. WARRINER, APPELLANT,
v.
MARILYN FERNANDEZ, AN ALLEGED FREE DEALER, FORMERLY KNOWN AS MARILYN KAY THAL, ETC., ET AL., APPELLEES
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Frances Warriner appealed a circuit court order dismissing her lawsuit with prejudice and ordering expungement of instruments she filed affecting real property in Monroe County. The appellate court affirmed, finding that Warriner was barred by estoppel by judgment from pursuing further litigation over the same property, given her involvement in numerous previous lawsuits concerning the identical parcel that had reached final disposition.
The court held that Warriner is prevented from pursuing the instant litigation because of estoppel by judgment, affirming the circuit court's order granting the motion to dismiss with prejudice and directing expungement of her recorded instruments affecting the property.
[1] A party is prevented from pursuing litigation when the matter has reached final disposition in previous lawsuits involving the same parties and subject matter due to esto…
[2] A circuit court may order the expungement of instruments filed by a party that interfere with the possession, title, use, or disposal of real property.
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Join FLexlaw to unlock all legal intelligence“We are cognizant of the numerous previous lawsuits concerning the identical parcel of property herein involved; that the appellant, Frances Owen Warriner, was a party to each and every one of those previous lawsuits and that the matter has reached final disposition on those multiple occasions.”
Establishes the factual predicate for applying estoppel by judgment—the existence of multiple prior litigations by the same plaintiff over the same property.
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Join FLexlaw to unlock all legal intelligenceWarriner filed suit against Fernandez and others regarding real property in Monroe County, Florida. The defendants moved to dismiss with prejudice. Un…
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PER CURIAM.
This is an appeal by the plaintiff, Frances Owen Warriner, from two orders of the circuit court of Monroe County, the first granting the defendants’ motion to dismiss with prejudice, ordering that the defendants recover from the plaintiff their costs and directing the clerk of the circuit court of Monroe County to remove, delete and expunge from the public records of such county “those instruments filed for record by the plaintiff herein, if any, which interfere with the possession, title, use or disposal of the real property subject herein.” The second is an order denying the plaintiff’s petition for rehearing.
We are cognizant of the numerous previous lawsuits concerning the identical parcel of property herein involved; that the appellant, Frances Owen Warriner, was a party to each and every one of those previous lawsuits and that the matter has reached final disposition on those multiple occasions.1 We are of the opinion, therefore, that the appellant is prevented from pursuing the instant litigation because of estoppel by-judgment. Affirmed on the authority of McGregor v. Provident Trust Co. of Philadelphia, 1935, 119 Fla. 718, 162 So. 323; School Board of Flagler County v, Hauser, Fla.1974, 293 So. 2d 681.
Affirmed.
. “ . . . Fink v. Warriner, Case No. 12516 filed in Monroe County, Florida on October 26, 1950, in her efforts to overturn or modify the adverse decision entered against her in the last mentioned case, as follows :
Frances O. Warriner vs. Harry Fink, Circuit Court of Monroe County, Florida, Case No. 12-1172. Case entitled ‘Original Bill in the Nature of a Bill of Review’. This action was dismissed by the Supreme Court of Florida in 1953. 62 So. 2d 913.
. . . Frances O. Warriner vs. Harry Fink, Circuit Court of Monroe County, Florida, Case No. 14-1187. Case entitled ‘Original Bill in the Nature of a Bill of Review’. This Complaint was dismissed March 5, 1958. An appeal was taken to the Third District Court of Appeal and the appeal was quashed on October 21, 1958. Rehearing was denied April 20, 1959. The Order of the Third District Court of Appeal was taken to the Supreme Court of Florida as Case No. 23395 and was dismissed by the Supreme Court of Florida on October 7, 1959.
. . . Frances O. Warriner v. Harry Fink, et al., District Court for the Southern District of Florida, Case No. 19-395, seeking to upset the decree entered in Case No. 12516, which is the initial case referred to in Paragraph 1 hereof. This action was dismissed by the United States District Court on February 28, 1961. An appeal was taken to the United States Court of Appeals and the Order of dismissal was affirmed and is reported in [5 Cir.] 307 F. 2d 933. Certiorari denied by the Supreme Court of the United States, 372 U.S. 943 [83 S.Ct. 937, 9 L.Ed.2d 969].
. . . Frances O. Warriner vs. Harry Fink, United States District Court for the Southern District of Florida, Case No. 63-611. This action was dismissed by the United States District Court in March 1964.
. Marilyn Fernandez v. Frances O. Warriner, Circuit Court of Monroe County, Florida. This was an action filed against the Plaintiff, Frances O. Warriner, and was a bill to remove a cloud on title and for an injunction. Frances O. Warriner filed a counterclaim predicted upon basically the same charges as above outlines. A final Order quieting the title of Marilyn Fernandez and dismissing Warriner’s counterclaim was entered May 19, 1967. This Order was appealed in the Third District Court of Appeal and affirmed on May 21, 1968, 213 So. 2d 328, Petition for Rehearing denied August 22, 1968. Petition for certiorari was denied by the Supreme Court of Florida, in March 1969, rehearing denied May 2, 1969, 225 So. 2d 524. A Petition for certiorari was filed in the Supreme Court of the United States on October 17, 1969, and this Petition for certiorari was denied by the Supreme Court of the United States on January 17, 1970. Rehearing was denied on March 23, 1970
This very Order ... is the predicate for the dismissal of the Plaintiff’s Amended Complaint.” Memorandum of cases filed by counsel for the appellee.
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Cited By
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Castro v. SUN Bank OF BAL Harbour, 370 So. 2d 392 (Fla. 3d DCA 1979)…rmined in State v. Sailboat Key, cited above, which, even though involving a settlement agreement which was made a part of the final judgment, was decided on the merits. See, e. g., Mims v. Reid, 98 So. 2d 498 (Fla.1957), and Warringer v. Fernandez, 310 So. 2d 375 (Fla.3d DCA 1975). Further, the record shows that the trial court, at the time it entered the final judgment, had jurisdiction of the subject matter and all of appellants, except appellants Castros and Shaw who were not “interve-nors” in the action.…
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Warriner v. Fernandez, 325 So. 2d 5 (Fla. 1975)…Certiorari denied. 310 So. 2d 375. ADKINS, C. J., and ROBERTS, OVERTON, ENGLAND and SUND-BERG, JJ., concur.…
Authorities Cited
- McGregor v. Provident Tr. Co. of Philadelphia, 119 Fla. 718 (Fla. 1935)
- The Sch. Bd. OF Flagler Cnty. v. Hauser, 293 So. 2d 681 (Fla. 1974)
- Amalgamated Lithographers of Am. (Ind.) v. Nat'l Labor Relations Bd., 372 U.S. 943 (U.S. 1963)
- York v. Fla. S. Corp., 372 U.S. 943 (U.S. 1963)
- Warriner v. Fink, 307 F.2d 933 (5th Cir. 1962)
- Town OF Polk City v. Brandon, 62 So. 2d 913 (Fla. 1953)
- Dixon v. State, 225 So. 2d 524 (Fla. 1969)
- Southern-Aire Coats of Fla., Inc. v. Mendelsund, 225 So. 2d 524 (Fla. 1969)
- Newman v. Adams, 213 So. 2d 328 (Fla. 1st DCA 1968)
- Warriner v. Fernandez, 213 So. 2d 328 (Fla. 3d DCA 1968)