Are you being sued for things that have already been settled either through probate mediation or another lawsuit? The claim may be barred through a doctrine called res judicata in West Palm Beach. Do you understand how to get the claims against you dismissed? Check out this recent West Palm Beach appeal to learn more.
Res Judicata
- There are rules to asserting a successful res judicata defense but I think they can be easily understood.
- First there has to be a valid judgment on merits, this could be from an arbitrator or the Court.
- Second there have to be four similarities or identities as they are called by the probate courts.
- The issue being sued for must be the same.
- The cause of action must be the same.
- The parties must be the same in both actions.
- Finally, the quality or capacity of the persons for or against whom the claim is made must be the same.
- In other words if a lawsuit looks like a mirror image of an old case, the Court may dismiss it under the doctrine of res judicata.
- You can have this done by filing a motion to dismiss in the probate court.
- Check out this recent case out of the Fourth District Court of Appeal to learn more.
Sena v. Pereira
- This was a claim for several things relating to a written lease for an apartment.
- On appeal was the issue of whether res judicata barred the entire claim.
- The Court felt that all but one cause of action should not be dismissed because of the doctrine, the rest were well settled.
- Do you see how res judicata is a great tool for weeding out harassing claims?
- If you keep getting sued by the same beneficiary to a will or trust their claims may simply be barred as a matter of law.
- This saves a lot of time and money defending that probate law suit.
- If you are unsure how to use this doctrine or how to file a Motion to Dismiss on grounds of res judicata, talk to an experienced Palm Beach probate litigator today.
Want to see the doctrine of res judicata applied first hand?
Check out this entire case by clicking here.
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