Fernandez v. Cruz
A father lost a quiet title/forgery suit against the mother regarding two properties; his minor daughter then sued, through him as next friend, for imposition of a constructive trust based on an alleged promise to convey the property to her. The trial court entered summary judgment for the mother on res judicata and collateral estoppel grounds. The Third District reversed, holding that a party appearing in one action in an individual capacity and in a later action in a representative capacity is not the same party for preclusion purposes, and that the constructive trust theory was never actually litigated or adjudicated in the forgery trial.
Key facts
- Father sued mother in quiet title/forgery action seeking to establish ownership of two properties; trial court entered judgment for mother.
- Father's minor daughter then sued mother through father as next friend, seeking imposition of a constructive trust based on alleged promise to convey the same properties.
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Why it matters
The opinion provides a clear, citable synthesis of Florida preclusion doctrine — mutuality, privity, and the capacity rule — and confirms that a litigant who sues individually is not precluded when later appearing as a… — full analysis with a trial
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