UNGER v. BERGNESS

No. 64-449.

172 So.2d 627 (1965)

Leon UNGER, Appellant, v. Joseph BERGNESS, Appellee.

District Court of Appeal of Florida. Third District.

March 16, 1965.


Attorney(s) appearing for the Case

Feldman & Brush, Miami, for appellant.

Dean & Adams, Miami, for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and CARROLL, JJ.


TILLMAN PEARSON, Judge.

The plaintiff appeals a summary final judgment for the defendant. The cause was filed in the Civil Court of Record for Dade County. The basis of the summary final judgment was the holding that under the undisputed facts the plaintiff had recovered a prior judgment upon the same cause of action and that the instant action was barred by the rule which forbids the splitting of a cause of action. See Mims v. Reid, Fla. 1957, 98...

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