HICKS v. HOAGLAND

No. 5D06-343.

953 So.2d 695 (2007)

Hal D. HICKS, Appellant, v. Don HOAGLAND, as Receiver for Midwest Transit, Inc., Appellee.

District Court of Appeal of Florida, Fifth District.

April 5, 2007.


Attorney(s) appearing for the Case

Harold C. Hubka, of Cobb & Cole, Daytona Beach, for Appellant.

Matt E. Beal and Zachary J. Bancroft of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellee.


THOMPSON, J.

Hal D. Hicks appeals from an order granting summary judgment for Don Hoagland as receiver for Midwest Transit, Inc. ("Midwest") because Hicks' claim, which sought mortgage foreclosure based upon the breach of a $2.5 million promissory note, was barred by res judicata. We reverse.

The parties had been engaged in extensive and ongoing litigation in Illinois state and federal courts concerning Hicks' conversion of substantial company assets from...

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