The District Court of Appeal of Florida, Fourth District, reversed a mortgage foreclosure judgment, because the prior foreclosure action had been dismissed with prejudice by operation of law- an adjudication on the merits, barring the second foreclosure action based on the same default under the doctrine of res judicata.
The Court held that the mortgagee was required to provide a new notice of breach of the mortgage agreement to support its foreclosure complaint in the second action, which the mortgagee did not do.
A new default would not have barred the 2nd foreclosure action
http://www.4dca.org/opinions/April%202015/04-08-15/4D13-4825.op.pdf
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