Bohnsack v. Amsouth Bank of Florida

The prior foreclosure action determined the legitimacy of the bank’s efforts to foreclose the mortgage following Bohnsack’s breach of the loan agreement. Alleged tortious actions of the bank, which form the basis of Bohnsack’s current action, consisted of the same actions taken by the bank in enforcing its rights under the prior loan agreement. The present tort action is, therefore, precluded not only by res judicata, but also by the economic loss rule. See, e.g., Smith v. State, Board of Regents, 701 So.2d 348, 349 (Fla. 1st DCA 1997) (noting that where a contract exists, a tort action will…