STEVENS v. LEN-HAL REALTY, INC.

No. 80-1175.

403 So.2d 507 (1981)

Keith C. STEVENS, Jr. and Ruth Stevens, His Wife, Appellants, v. LEN-HAL REALTY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 5, 1981.


Attorney(s) appearing for the Case

Sam Costa, Jr. of Sam Costa, Jr., P.A., Pompano Beach, for appellants.

Monroe Gelb of Gelb & Spatz, Miami, for appellee.


MOORE, Judge.

This is an appeal from a final summary judgment entered in an action to foreclose a mortgage on real estate. In entering the final summary judgment, the trial court relied upon the doctrine of res judicata. The issue before us is whether the doctrine of res judicata precludes relitigation of issues raised in affirmative defenses and a counterclaim when the same issues had been litigated in a prior proceeding. We affirm in part and reverse in part.

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