340 So. 2d 1213 | Fla. Dist. Ct. App. | 1976
Upon due consideration of the briefs and record in this consolidated appeal from a final judgment entered pursuant to a jury verdict in Case No. 75-1061 and an order granting summary final judgment in Case No. 75-1644, we are of the opinion that the order granting appellee, Advanced Lighting Products, Inc.’s motion for summary judgment based upon the doctrine of res judica-ta was error.
In appeal No. 75-1644, the appellant Lewis Quinn, who was the plaintiff below, filed an action against the appellee seeking damages predicated upon the theory of quantum meruit.
*1214 “ . . . The general rule that a judgment for defendant will not bar a subsequent action by plaintiff based on a new and more correct theory applies where plaintiff, in an action to recover on an express contract for services to be rendered or goods to be furnished, has been defeated on the ground that the contract was invalid, or was not proved, or had not been fully performed, and he may thereafter sue on the theory of an implied contract or quantum meruit. However, a suit on such other theory may be barred where an express contract was shown, or where the ground of the prior decision was that no such services were rendered or goods furnished or that the services were performed so negligently as to be worthless. . . . ”
. The quantum meruit action was filed after the rendition of a jury verdict in the action alleging breach of oral contract.