District Court of Appeal of Florida

A judgment in ongoing foreclosure proceedings ruling that any foreclosure was barred by res judicata is reversed where, under the circumstances, it would be inappropriate to apply res judicata as nothing in an earlier opinion explicitly barred the mortgagee from giving a fresh 30-day notice to the debtors and, if no cure followed timely, then seeking a foreclosure and judgment.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Barbara J. Compiani and Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Norman L. Schroeder, II, of Norman L. Schroeder, II, P.A., Lake Worth, for appellant., James S. Telepman of Cohen Norris Scherer Weinberger & Wolmer, North Palm Beach, for 5th Avenue Real Estate Development and Willis Hale., Charles Wender, Boca Raton, for Real Estate Depot.