BUTLER v. RICHARD BERTRAM & COMPANY

No. 72-1163.

281 So.2d 227 (1973)

George A. BUTLER, Appellant, v. RICHARD BERTRAM & COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

July 31, 1973.


Attorney(s) appearing for the Case

Noriega & Bartel, Miami, for appellant.

Dixon, Dixon, Lane & Mitchell and J. James Donnellan III, Miami, for appellee.

Before BARDKULL, C.J., and PEARSON and HAVERFIELD, JJ.


PEARSON, Judge.

The controlling question on this appeal is whether an owner having defended his vessel in admiralty against a claim for repairs upon the ground that the repairs were improperly performed may after having suffered an adverse judgment in the admiralty cause then sue in the state court upon his claim that the repairs were improperly performed. The trial court held that the owner was barred by the doctrine of res judicata and entered a summary judgment...

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