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ZIKOFSKY v. MARKETING 10, INC.

No. 4D04-1029.

904 So.2d 520 (2005)

Dieter ZIKOFSKY, Appellant, v. MARKETING 10, INC., a/k/a (or successor by merger) Robby Vapor Systems, Inc., Elmer Strauss, individually, and Fran Strauss, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 7, 2005.

Attorney(s) appearing for the Case

Robert J. Harkins and Mark J. Dearman of Dearman & Gerson, Plantation, for appellant.

Thomas D. Lardin of Thomas D. Lardin, P.A., Delray Beach, for appellees.

GROSS, J.

In this case, a close corporation sued a former business associate and prevailed after a non-jury trial. The issue we address is whether the corporation, its sole shareholder, and her husband may assert res judicata or collateral estoppel to defeat a lawsuit filed against them by the business associate who lost at the trial. We hold that res judicata bars the claim against the corporation, collateral estoppel precludes the claims against the shareholder...

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