Apstein v. Tower Investments of Miami, Inc.

Appellants, plaintiffs below, challenge an adverse summary judgment entered on res judicata grounds in an action involving *1121defendant’s alleged breach of a “liability agreement.” We find merit in appellants’ argument and, accordingly, reverse.

Appellants Apstein and Galvalisi are the principal shareholders of Melstine Corporation (Corporation). Mehnert is a third shareholder. Appellee Tower Investments of Miami, Inc. (defendant below) and Corporation were joint venturers regarding improved real property located in Miami. The joint venture property was subject to a mortgage in favor of Citibank,…