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Patterson v. McNeel
Citations: 704 So. 2d 1070; 1997 Fla. App. LEXIS 14107; 1997 WL 816493Docket: No. 97-00466
Court: District Court of Appeal of Florida; December 18, 1997; Florida; State Appellate Court
Victoria Patterson and Lawrence Patterson appeal the trial court's dismissal of their lawsuit against Downtown Medical Diagnostic Center, P.A., and the dismissal of all counts except for malicious prosecution against Dr. H. Brantley McNeel and Dr. David Allen Weiland, Jr. The appellate court reverses this dismissal. Mrs. Patterson, employed as a billing and collections supervisor at the Center, was allegedly arrested under the Baker Act on March 30, 1993, following a petition by the physicians and the Center. The Pattersons claimed false imprisonment and intentional infliction of emotional distress against the Center and the physicians, and they claimed malicious prosecution against the physicians alone. The defendants moved for dismissal based on res judicata, citing a prior federal lawsuit in which the Center had secured a summary judgment. However, the only defendant in that federal action was the Center, and the reported opinion indicated that the claims in the federal case were not identical to those in the current case. The physicians argued that the dismissal of Mrs. Patterson's claims against the Center in the federal action constituted an adjudication on the merits, barring her claims against them. The appellate court noted that a motion to dismiss should not be granted based on an affirmative defense unless it is clearly established in the pleadings. In this case, the defense of res judicata was not sufficiently established, leading to the conclusion that the trial court erred in dismissing the Pattersons' complaint. The appellate court reversed the trial court's order and remanded the case for reinstatement and further proceedings. Judges Patterson and Whatley concurred with the decision.