Patz v. Department of Health

Appellants, Anwar and Mary Anne Saadeh, brought a two-count action against appellee, Stanton Rowing Foundation, Inc. (Stanton), seeking monetary damages for an alleged nuisance and further seeking an order enjoining appellees use of certain real estate in a manner the Saadehs contend violates the Jacksonville Ordinance Code. The trial court granted summary final judgment as to both counts. On appeal, appellants correctly argue that the trial court misapplied the rule of res judicata. Accordingly, we reverse and remand for further proceedings on both counts.