Opinion
Case No. 4D03-764.
Opinion filed June 25, 2003.
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Catherine M. Brunson, Judge; L.T. Case No. 97-96 AH.
David G. Mandelbaum and Harry Weiss of Ballard Spahr Andrews Ingersoll, LLP, Philadelphia, Pennsylvania, and Michael D. Eriksen of Romano, Eriksen, Cronin Mullins, Lake Worth, for appellants.
Robert J. Hauser and James W. Beasley, Jr. of Beasley Hauser, P.A., West Palm Beach, for appellees.
Appellants seek review of a trial court's order that granted appellees' rule 1.540 motion to vacate a judgment. The initial judgment was entered upon a motion for summary judgment. The trial court granted the summary judgment motion in light of a post-trial decision and judgment of the Supreme Court of New York in related litigation. Collins Aikman Prod. Co. v. Sermatech Eng'g Group, Inc., No. 606229/96 (N.Y.Sup.Ct. Mar. 22, 2001).
When the New York Appellate Court reversed the judgment in part, Appellees moved to vacate the Palm Beach County judgment. Collins Aikman Prods. Co. v. Sermatech Eng'g Group, Inc., 746 N.Y.S.2d 698 (N.Y.App.Div. 2002). The trial court granted relief noting that it had granted the motion for summary judgment on the basis of the New York judgment.
We find no error and affirm. This court's affirmance is without prejudice to Appellants raising the claims of res judicata or collateral estoppel as defenses in the pending litigation.
POLEN, C.J., HAZOURI and MAY, JJ., concur.