Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough County
150 So. 3d 239
Fla. Dist. Ct. App.2014Background
- City used quick-take proceedings in 2007 to acquire Livingston's three parcels; deposited good-faith value into the court registry.
- Clerk invested the deposits and earned interest; 90% of the interest was paid to the City and 10% retained by the Clerk.
- January 2008 distribution: some funds went to tax collector, rest to Livingston's lawyer; settlement followed.
- In 2008, the parties mediated and entered stipulated final judgments resolving full compensation (including statutory interest).
- In 2011, Livingston sued seeking interest on the deposits, arguing a taking; Clerk and City moved for summary judgment.
- Trial court granted summary judgment; court held Livingston had no property interest in the deposited funds and that res judicata barred further claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Livingston’s interest claim. | Livingston asserts entitlement to interest as part of full compensation. | Settlement resolved all claims; permits no double recovery. | Barred by res judicata. |
| Whether there was a second taking from the Clerk’s investment of deposits. | Deposit funds became Livingston’s property upon vesting, so interest was his. | Funds on deposit were not Livingston's property until transfer; no second taking. | No second taking occurred. |
| Whether the full compensation issue was resolved in the prior takings proceedings. | Entitlement to interest should be determined separately. | Full compensation including interest resolved by stipulated judgments. | Fully resolved; barred by final judgments. |
Key Cases Cited
- Kimbrell v. Paige, 448 So.2d 1009 (Fla. 1984) (res judicata applies to matters that could have been litigated)
- AMEC Civil, LLC v. Dep't of Transp., 41 So.3d 235 (Fla. 1st DCA 2010) (broad application of res judicata in related proceedings)
- Fla. Dep’t of Ins. v. Guarantee Trust Life Ins. Co., 812 So.2d 459 (Fla. 1st DCA 2002) (settlement precludes declaratory relief on constitutional issues)
- State v. Fla. Consumer Action Network, 830 So.2d 148 (Fla. 1st DCA 2002) (settlement/consent limits further challenges)
- Sponga v. Warro, 698 So.2d 621 (Fla. 5th DCA 1997) (finality of mediation settlement forecloses relief)
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000) (de novo review standard; appeals defer to finality of judgments)