FRANCES OWEN WARRINER, APPELLANT,
v.
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, ILLINOIS, ETC., ET AL., APPELLEES
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The court affirmed dismissal of plaintiff's complaint on res judicata grounds, as she had already litigated the same subject matter unsuccessfully in state and federal courts, and affirmed dismissal of remaining defendants for failure to state a cause of action.
A complaint must be dismissed on res judicata grounds when the plaintiff has already litigated the same subject matter unsuccessfully in prior state and federal proceedings.
[1] A claim is barred by res judicata when the plaintiff has previously litigated the same subject matter unsuccessfully in state and federal courts.
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Join FLexlaw to unlock all legal intelligencePlaintiff-appellant filed a lawsuit against multiple defendants. She had previously litigated the same subject matter unsuccessfully in state trial an…
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PER CURIAM.
Plaintiff-appellant seeks review of the trial court’s order dismissing her complaint against all defendants, save two, on the grounds of res judicata and further dismissing the complaint against the remaining two defendants for failure to state a cause of action against them.
It affirmatively appearing after a review of the record on appeal that plaintiff-appellant already has litigated unsuccessfully the subject matter of the instant law suit in the state trial and appeals courts1 and in addition in the federal trial and appeals courts,2 we conclude that the trial judge was correct in dismissing appellant’s complaint on the grounds of res judicata. Cf. Cohen v. Cohen, Fla. 1954, 70 So. 2d 362. Further, we find no error in the dismissal thereof as to the two remaining defendants for failure to state a cause of action.
Accordingly, the herein appealed order is affirmed.
Affirmed.
. See Holiday, Inc. v. Glaser, Fla.App.1960, 121 So. 2d 677.
. Case No. 70-1539-Civ-PF, U.S.Dist.Court, S.D. dismissed December 14, 1970 affirmed by U.S. 5th Cir. Court of Appeal April 28, 1971. Case. No. 70-406-Civ-PF, U.S.Dist. Court, S.D., ruling on March 22, 1972 that said matters were res judicata, affirmed by U.S. 5th Cir. Court of Appeal on October 16, 1972.
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Citator
Cited By
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Giesela Frank v. Campbell Prop. Mgmt., Inc., 351 So. 2d 364 (Fla. 4th DCA 1977)…DCA 1975). Two cases have been called to our attention which upheld the granting of a motion to dismiss a complaint on the grounds of res judicata. Hinchee v. Fisher, 93 So. 2d 351 (Fla.1957), and Warriner v. American Nat. Bank & T. Co. of Chicago, 313 So. 2d 81 (Fla.3d DCA 1975). However, it is impossible to tell whether the complaints in those cases contained allegations which justified consideration of the affirmative defense of res judicata on motion to dismiss. In any event, the question of the proprie…
Authorities Cited
- Cohen v. Cohen, 70 So. 2d 362 (Fla. 1954)
- Holiday, Inc. v. Glaser, 121 So. 2d 677 (Fla. 3d DCA 1960)