Miller v. Miller

This is the second appearance of this cause before this court. See Miller v. Miller, Fla.App.1974, 293 So.2d 760. We are presented here with an appeal from a summary final judgment for the defendant, Gina C. Miller.

The controlling question is whether the plaintiffs are barred from recovery by the principle of res judicata. The record reveals that the claim of an invalid deed from John E. Miller to himself and his wife, Gina C. Miller, was litigated between the spouses in a prior cause for their di*50vorce before the circuit court in 1972. The claim that the deed was invalid because the property…