Legal Question in Civil Litigation in Florida

I am planning to file a civil suit (pro se) in the circuit court of Sarasota against a private individual for Conversion, Fraud, Unjust Enrichment, Breach of Contract and Replevin. I would like to file the Repleving cause of action first because it is the easiest. After the first complaint is adjudicated I would like to file the remaining counts under a separate complaint. Since all counts have similar test elements I am concerned this could fall under the Double Jeopardy Clause and the second suit would be thrown out of court.

My question is:

1) Can I file the Replevin cause of action now and then file a separate complaint later containing the remaining counts without having the second complaint throw out of court?

Thanks in advance for your time and consideration.


Asked on 4/29/10, 1:43 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Double jeopardy in a criminal theory,not applicable to civil matters. You must bring all civil claims at the same time.

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Answered on 5/04/10, 1:55 pm
John DeLancett Law Offices of John DeLancett, PL.

If all the claims relate to the same subject matter or event giving rise to the claims, then they must all be brought in the same action.

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Answered on 5/04/10, 2:02 pm
Lesly Longa Longa Law P.A.

File all of your claims against the same person and arising out of the same facts at the same time in the same complaint, but in separate counts. Please contact an attorney for additional assistance. Regards,

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Answered on 5/04/10, 2:09 pm


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