Miller v. Miller
Miller v. Miller
Opinion of the Court
This is the second appearance of this cause before this court. See Miller v. Miller, Fla.App.1974, 293 So.2d 760. We are presented here with an appeal from a summary final judgment for the defendant, Gina C. Miller.
The controlling question is whether the plaintiffs are barred from recovery by the principle of res judicata. The record reveals that the claim of an invalid deed from John E. Miller to himself and his wife, Gina C. Miller, was litigated between the spouses in a prior cause for their di
We hold that the present plaintiffs, having been parties to the prior litigation and, therefore, having full knowledge of any claim that they had at that time and having failed to assert their claim, are now barred from such assertion against the defendant. See Ebersbach Const. Co. v. Charles Ringling Co., 1930, 100 Fla. 1270, 131 So. 148, and cf. Butler v. Bertram, Fla.App.1973, 281 So.2d 227. But see Dalhoff & Co. v. Coffman, 37 Iowa 283 (1873).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.