Martin v. Kuhl
Docket: No. 87-0130
Court: District Court of Appeal of Florida; July 6, 1988; Florida; State Appellate Court
The former husband filed a lawsuit against his ex-wife and her parents, claiming conversion of personal property located in Broward County. The trial court dismissed the case, citing failure to state a cause of action and improper venue. The husband, representing himself, appealed the dismissal. The wife contended in her response that she denied the existence of joint property in her petition for dissolution, which was not included in the record. The husband argued that his counter-petition addressed his rights to personal property, but the final judgment from the dissolution did not cover property distribution, and he did not appeal that judgment, thus being barred by res judicata from raising personal property issues. However, the court noted that res judicata does not apply to the conversion of the son's property. Furthermore, the trial court's dismissal for improper venue was deemed incorrect since the property was located in Broward County, where the suit could be validly filed. Conversion is considered a continuous act, allowing for it to be addressed in either county if property is moved. The appellate court affirmed the dismissal regarding the husband’s property but reversed it concerning the son's property, allowing the husband to file a separate claim for conversion of any property allegedly belonging to the son. The decision was affirmed in part and reversed in part, with all judges concurring.