HOWARD COHEN, D/B/A BETTER TIMES MAGAZINE, APPELLANT,
v.
THE AMERICAN LEGION, A FOREIGN NONPROFIT CORPORATION, RICHARD WOOTEN, ROBERT W. SPANOGLE, AND MARINE LEARNING INSTITUTE, A FOREIGN NON-PROFIT CORPORATION, APPELLEES
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Cohen filed a Florida suit against the American Legion and others based on allegations that had been struck as a compulsory counterclaim in a prior Georgia proceeding. The Florida court granted summary judgment for the defendants based on res judicata, and the appellate court affirmed, holding that Florida courts are bound by the Georgia court's final judgment.
The court affirmed summary judgment for the defendants, holding that Florida courts must recognize and respect the Georgia court's valid final judgment striking the compulsory counterclaim, and that Cohen's Florida suit was barred by res judicata.
[1] An assignment of error is deemed abandoned when the party's appellate brief completely omits discussion of the alleged error.
[2] Each state must recognize and respect valid final decrees and orders of the courts of all other states.
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Join FLexlaw to unlock all legal intelligence“Each state must recognize and respect valid final decrees and orders of the courts of all other states.”
Establishes the full faith and credit principle governing the court's analysis
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Join FLexlaw to unlock all legal intelligenceIn October 1985, a printer sued the American Legion in Georgia for printing costs of Better Times magazine. The Legion countersued and brought in Cohe…
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GARRETT, Judge.
AFFIRMED. In October 1985, a printer sued appellee The American Legion (Legion) in the State of Georgia for payment of the printing costs of a magazine entitled Better Times. The Legion filed an answer, counterclaim and a third party complaint naming appellant, Howard Cohen d/b/a Better Times Magazine, as a defendant. In February 1986, appellant acting pro se filed an answer. In July 1986, appellant amended his answer by “attaching” a document entitled “Cross Claim and Complaint of Third-Party Defendant Howard Cohen d/b/a Better Times Magazine” which named approximately one hundred individuals, including appellee Robert W. Spanogle, as “cross-defendants.” The Legion moved to strike the amended answer as “a belated attempt to add a compulsory counterclaim.” The court granted the motion and later entered final judgment on the order. Appellant did not appeal the Georgia judgment.
In July 1987, appellant brought suit in Florida against the Legion, Spanogle, and others. The complaint restated the allegations set forth in appellant’s document adjudged a “compulsory counterclaim” by the Georgia court. The Legion’s answer denied liability and asserted the affirmative defense of res judicata. Spanogle filed motions to dismiss and to quash for lack of personal jurisdiction. Each appellee filed a motion for summary judgment. Both motions were granted and final judgments entered. Appellant appeals.
We find appellant’s brief did not address the assigned error concerning Spa-nogle. When error is assigned in a notice of appeal but the party’s brief completely omits discussion of the alleged error, the assignment of error is deemed abandoned. City of Miami v. Steckloff, 111 So. 2d 446, 447 (Fla.1959). Appellant did not meet his appellate burden of demonstrating reversible error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).
Each state must recognize and respect valid final decrees and orders of the courts of all other states. Newton v. Newton, 245 So. 2d 45, 46 (Fla.1971). When a court of competent jurisdiction enters a final judgment, it is absolute and puts to rest every justiciable, as well as every actually litigated, issue. Albrecht v. State, 444 So. 2d 8, 11-12 (Fla.1984). The Georgia court barred appellant’s “compulsory counterclaim” against the Legion. The courts of Florida are bound by that final judgment.
We find no merit to appellant’s argument that Florida Rule of Civil Procedure 1.170(a)(1) authorized the Florida case because the Georgia case was still pending. The “compulsory counterclaim” was not pending as it had been ordered stricken in Georgia before the Florida case was filed. See Cheezem Dev. Corp. v. Maddox Roof Serv., Inc., 362 So. 2d 99 (Fla. 2d DCA 1978), cert. denied, 368 So. 2d 1370 (Fla. 1979).
DOWNEY and POLEN, JJ., concur.
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Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997)…court reinstate appellant’s cause of action. Appellant fails to address counts IV, V, and VIII in this appeal and is deemed to have abandoned these counts on appeal. See Stutzke v. Kohl, 576 So. 2d 356, 358 (Fla. 4th DCA 1991); Cohen v. Am. Legion, 546 So. 2d 46, 47 (Fla. 4th DCA 1989). While the trial court was correct in dismissing the entity Manor Care Inc. as a defendant, based on the allegations of the second amended complaint, we hold that leave to amend should have been given to appellant to attempt…
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Paulette Jean Schaffer & the State of Fla. Dep't of Health & Rehabilitative Servs. v. The Honorable J. Jefferson Overby of the Sixteenth Jud. Cir., 613 So. 2d 128 (Fla. 3d DCA 1993)…Fla.1971); Gaylord v. Gaylord, 45 So. 2d 507, 510 (Fla.1950); Vereen v. Vereen, 581 So. 2d 1004 (Fla. 1st DCA 1991); Garland v. Lewis, 547 So. 2d 1030 (Fla. 2d DCA 1989); Miller v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989); Cohen v. American Legion, 546 So. 2d 46 (Fla. 4th DCA 1989); Department of Health & Rehab. Serv. v. Chambers, 472 So. 2d 1358 (Fla. 2d DCA 1985). It is so ordered.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Prudential Prop. & Cas. Ins. Co. v. Lark Lynette Lambert, 444 So. 2d 8 (Fla. 1983)
- City OF Miami v. Steckloff, 111 So. 2d 446 (Fla. 1959)
- Uhlan Stanley Newton v. Newton, 245 So. 2d 45 (Fla. 1971)
- Cheezem Dev. Corp. v. Maddox Roof Serv., Inc., 362 So. 2d 99 (Fla. 2d DCA 1978)