LEAHY v. BATMASIAN

No. 4D06-245.

960 So.2d 14 (2007)

Thomas A. LEAHY, d/b/a Far East Accents, Appellant, v. James H. BATMASIAN, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 13, 2007.


Attorney(s) appearing for the Case

Nancy Little Hoffman of Nancy Little Hoffman, P.A., Pompano Beach, for appellant.

Alexander D. Varkas, Robert A. Sweetapple and Peter Sosin of Sweetapple, Broeker, Varkas, Feltman & Sosin, Boca Raton, for appellees.


WARNER, J.

In this complicated landlord-tenant proceeding, the trial court granted summary judgment to the landlord on the tenant's complaint for damages for wrongful eviction. The court found that the complaint was barred by res judicata, because the tenant had not raised the issue in prior proceedings where the landlord had sued for eviction and damages and the tenant counterclaimed for constructive eviction based upon premises defects. We affirm the summary judgment...

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