ALLEN F. STEWART, APPELLANT,
v.
JOE DRISCOLL, ROBERT DRISCOLL, AND DRISCOLL'S TOWING SERVICE, INC., APPELLEES

Fla. 4th DCA | 2012-04-04
No. 4D10-1604
CIKLIN, GERBER and LEVINE, JJ., concur.
87 So. 3d 25 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 3 cases
Topics
Adjudication On The Merits Res Judicata Burden Of Proof

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Allen Stewart appeals the judgment of dismissal entered by the trial court as to defendant Joe Driscoll based on the doctrine of res judicata. “The party claiming the benefit of the former adjudication has the burden of establishing, with sufficient certainty by the record or by extrinsic evidence, that the matter was formerly adjudicated.” State St. Bank & Trust Co. v. Badra, 765 So.2d 251, 254 (Fla. 4th DCA 2000). “The doctrine of res judicata has no applicability where there was no adjudication on the merits.... ” Id. Finally, in order for res judicata to apply, there must be a “‘clear-cut former adjudication’ on the merits.” Id. (quoting Suniland Assocs. v. Wilbenka, Inc., 656 So.2d 1356, 1358 (Fla. 3d DCA 1995)) (emphasis added).

In this case, we do not find support in the record to conclude that the Final Judgment in the original, small claims matter was a clear-cut adjudication on the merits. Thus, Joe Driscoll did not meet his burden. We therefore reverse the order of dismissal.

Reversed and remanded.

CIKLIN, GERBER and LEVINE, JJ., concur.

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    …So. 2d 490, 493 (Fla. 3d DCA 1990) (finding res judicata unavailable because “the arbitrators’ award did not state the basis of the award and made no specific finding on the merits of the contract and misrepresentation claims”); Stewart v. Driscoll, 87 So. 3d 25, 25 (Fla. 4th DCA 2012) (“[F]or res judicata to apply, there must be a ‘“clear-cut former adjudication” on the merits.’” (quoting Badra, 765 So. 2d at 254)). In the instant case, Former Husband has not met his burden of showing that the denial of F…
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