Dade Engineering Corp. v. C. Hunt Enterprises, Inc.

Full title: DADE ENGINEERING CORP., Appellant, v. C. HUNT ENTERPRISES, INC., Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 25, 2008

972 So. 2d 1096 (Fla. Dist. Ct. App. 2008)

Opinion

No. 2D07-3295.

January 25, 2008.

Appeal from a nonfinal order of the Circuit Court for Pinellas County; John A. Schaefer, Judge

Stephen E. Tunstall, Coral Gables, for Appellant.

Marvin W. Lewis, Miami, and Michael R. Deminico, Tampa, for Appellee.

CASANUEVA, CANADY, and LaROSE, JJ., Concur.

PER CURIAM.

Affirmed. The issue of venue is not "res judicata" in this case due to the lack of a prior final judgment. See Klak v. Eagles' Reserve Homeowners' Ass'n, Inc., 862 So.2d 947, 951 (Fla. 2d DCA 2004) ("Res judicata is only applicable where there is a relevant prior final judgment[,]" citing Fla. Dep't of Transp. v. Juliano, 801 So.2d 101, 105 (Fla. 2001)).