Are you being sued for things that have already been settled through probate mediation or another lawsuit? The claim may be barred through a doctrine called res judicata. How will your probate or guardianship litigator get the claims against you dismissed? Check out this recent Second District Court pf Appeal(DCA) case to learn more.
Res Judicata in Florida Litigation
- There are rules to asserting a successful res judicata defense.
- First, there has to be a valid judgment on the merits.
- This could valid judgment could be from an arbitrator or the Court.
- Second, there have to be four similarities or identities.
- What does this mean?
- Trust attorneys know that the issue being sued for must be the same.
- The cause of action and parties must be the same in both actions.
- Finally, the quality or capacity of the persons for or against whom the claim is made must be the same.
- In other words if a lawsuit looks like a mirror image of an old case, the Court may dismiss it under the doctrine of res judicata.
- Check out this recent appeal out of the Second DCA to learn more.
Philip Morris USA, Inc. v. James Harris Lourie
- “In this Engle-progeny case Phillip Morris USA, Inc. and R.J Reynolds Tobacco Co. timely appeal the final judgement entered in favor of James Lourie, as personal representative of the Estate of Barbara Ruth Laurie.”
- This case regarded tort claims of strict liability and negligence for the sale of cigarettes.
- On appeal, one of the issues was whether res judicata barred the entire claim.
- “Res judicata prevents the same parties from relitigating the same cause of action in a second lawsuit and “is conclusive not only as to every matter which was offered and received to sustain or defeat the claim, but as to every other matter.”
- The Second DCA affirmed the trial court’s decision because ” the implied preemption argument is not only barred by res judicata but is also without merit.”
- If you are unsure about how to use this doctrine, or how to file a Motion to Dismiss on grounds of res judicata, you should talk to an experienced Palm Beach probate litigator.
- To read the entire case and learn more about res judicata in civil litigation, click here.