Patterson v. Weathers

The issue on appeal is whether the trial court erred in granting the defendant, Weathers’, motion for judgment on the pleadings on the ground that the plaintiff, Patterson’s, suit to quiet title was barred by the defendant’s prior suit against the plaintiff and others. I respectfully dissent because I do not think the defendant properly raised res judicata as an affirmative defense, nor do I think she properly established, as a matter of law, this defense simply by the pleadings.

It is axiomatic that res judicata is an affirmative defense, Fla.R.Civ.P. 1.110(d), which the pleader has the…