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UPLAND DEV. OF CENT. FLORIDA v. BRIDGE

No. 5D04-2474.

910 So.2d 942 (2005)

UPLAND DEVELOPMENT OF CENTRAL FLORIDA, INC., Appellant, v. Whittaker Lloyd BRIDGE a/k/a Lloyd Bridge, Appellee.

District Court of Appeal of Florida, Fifth District.

September 23, 2005.

Attorney(s) appearing for the Case

Peter F. Carr, Jr., and Jayson T. Zortman, of Miller, South, Milhausen & Carr, P.A., Winter Park, for Appellant.

William L. Grant and Earnest DeLoach, Jr. of Shutts & Bowen LLP, Orlando, for Appellee.

THOMPSON, J.

Upland Development of Central Florida, Inc. ("Upland") argues that the trial court applied the incorrect standard in dismissing its complaint with prejudice based on the doctrine of res judicata. Because res judicata is an affirmative defense, the trial court erred in granting the motion to strike the complaint based upon res judicata alone. We reverse.

Upland, a general contractor, filed a complaint against appellee, Whittaker Lloyd Bridge (...

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