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FORD MOTOR CREDIT CO. v. BIG FOUR CONST. CO.

Nos. 78-2634, 78-2150.

394 So.2d 199 (1981)

FORD MOTOR CREDIT COMPANY, Appellant, v. BIG FOUR CONSTRUCTION COMPANY OF W.P.B., INC., etc., Appellee.

District Court of Appeal of Florida, Fourth District.

February 18, 1981.

Attorney(s) appearing for the Case

Guy C. Hill, West Palm Beach, for appellant.

Larry Klein and Johnson, Ackerman & Bakst, West Palm Beach, for appellee.

LETTS, Chief Judge.

This appeal stems from a trial judge's ruling that a subsequent suit seeking damages for a deficiency was barred by the doctrine of res judicata because the deficiency could have been obtained in the original complaint in replevin which resulted in the repossession and judicial sale of the heavy machinery involved secured by a chattel mortgage. We reverse.

It is our conclusion that res judicata...

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