St. Laurent v. Ambrose (In re St. Laurent)

153 F.2d 672
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 20, 1993
DocketNo. 91-5407
StatusPublished

This text of 153 F.2d 672 (St. Laurent v. Ambrose (In re St. Laurent)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Laurent v. Ambrose (In re St. Laurent), 153 F.2d 672 (11th Cir. 1993).

Opinion

DUBINA, Circuit Judge:

The issue in this case is whether a punitive damage award arising from a state court finding of fraud is dischargeable in bankruptcy. The debtor, Louis S. St. Laurent (“St. Laurent”), appeals the district court’s judgment affirming the bankruptcy court’s determination that the punitive and compensatory portions of a state court judgment for fraud were nondischargeable debts under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(4).1 In re St. Laurent, 108 B.R. 805 (Bankr.S.D.Fla.1989). Because we affirm the bankruptcy court’s determination of nondischargeability under § 523(a)(2)(A), and because that determination fully supports the judgment below, we find it unnecessary to review the bankruptcy court’s conclusions under § 523(a)(4).

I. FACTS

St. Laurent was the developer of Topsider Resort (“Topsider”), a condominium complex located in the Florida Keys. First Federal Savings and Loan Association of the Florida Keys (“First Federal”) held the mortgage to Topsider. In 1982, St. Laurent sold time-share intervals to the individual appellees (the “Owners”). The purchase agreements evidenced St. Laurent’s promise to convey title free and clear of any encumbrance by the time of closing. At closing, the deeds of conveyance reflected that First Federal’s mortgage no longer encumbered the time-share intervals. No release, however, had been obtained. Instead of paying off the mortgage, St. Laurent diverted the Owners’ purchase money consideration to his personal use.

Topsider defaulted, and First Federal filed a foreclosure action in state circuit [675]*675court in Monroe County, Florida, naming St. Laurent and the Owners as defendants. The Owners filed a cross-claim against St. Laurent for fraud, claiming that St. Laurent pocketed the purchase money paid him rather than applying it to satisfy First Federal’s mortgage as promised. The state court found St. Laurent liable for fraud.2 First Fed. Sav. & Loan Ass’n of the Fla. Keys v. Can-Am Investments, Inc., No. 84-20156-CA-09 (Monroe County Ct. Jan. 18, 1989) (hereinafter “State Court Judgment”). Specifically, the court found by the greater weight of the evidence that St. Laurent

individually and as Trustee represented to the Defendant/Owners that they would obtain title to their individual unit weeks free and clear of [First Federal’s] Mortgage when in fact Defendant, LOUIS S. ST. LAURENT II, individually and as Trustee, misdirected the consideration paid by each of the Defendant/ Owners by converting these monies to his own use and did not use said funds to obtain releases from the subject mortgage.

Id. at 6. The court awarded $48,705.22 in compensatory damages and $50,000 in punitive damages.3

Thereafter, St. Laurent filed for Chapter 7 bankruptcy protection, listing as a dis-chargeable debt the $98,705.22 judgment against him. The Owners sought a determination in bankruptcy court of whether the judgment was exempt from discharge under §§ 523(a)(2)(A) and 523(a)(4). The bankruptcy court found that the state court judgment established that St. Laurent

made fraudulent representations to the [Owners] by representing that [they] would obtain title to their time-share unit weeks free and clear of the first mortgage, when, in fact, [St. Laurent] misdirected the consideration paid by the [Owners] by converting those monies to his own use and not to obtain releases from the subject mortgage.

St. Laurent, 108 B.R. at 806. It then applied collateral estoppel to conclude that the entire debt was the product of fraud and therefore nondischargeable under §§ 523(a)(2)(A) and (a)(4). Id. The district court affirmed. In re St. Laurent, No. 90-0223 (S.D.Fla. Mar. 20, 1991).

II. ANALYSIS

St. Laurent argues on appeal that the district court erred in affirming the bankruptcy court’s application of collateral estoppel to the state court judgment. Alternatively, he claims that punitive damage judgments awarded for fraud are dis-chargeable as a matter of law under §§ 523(a)(2)(A) and 523(a)(4) of the Bankruptcy Code. Although this case has been reviewed on appeal by the district court, we review the bankruptcy court’s findings as if this were an appeal from a trial in the district court. In re Bennett, 989 F.2d 788 (No. 91-1059, 5th Cir. April 19, 1993). We review the bankruptcy court’s fact findings for clear error, In re Patterson, 967 F.2d 505, 508 (11th Cir.1992), and its conclusions of law de novo. Id.

A. Collateral Estoppel

Collateral estoppel, or issue preclusion, bars relitigation of an issue previously decided in judicial or administrative proceedings if the party against whom the prior decision is asserted had a “full and fair opportunity” to litigate that issue in an earlier case. Allen v. McCurry, 449 U.S. 90, 95, 101 S.Ct. 411, 415, 66 L.Ed.2d 308 (1980). Collateral estoppel principles apply to dischargeability proceedings. Grogan v. Garner, 498 U.S. 279, 285 n. 11, 111 S.Ct. 654, 658 n. 11, 112 L.Ed.2d 755 (1991). If [676]*676the prior judgment was rendered by a state court, then the collateral estoppel law of that state must be applied to determine the judgment’s preclusive effect. In re Touchstone, 149 B.R. 721, 725 (Bankr.S.D.Fla.1993). Under Florida law, the following elements must be established before collateral estoppel may be invoked: (1) the issue at stake must be identical to the one decided in the prior litigation; (2) the issue must have been actually litigated in the prior proceeding; (3) the prior determination of the issue must have been a critical and necessary part of the judgment in that earlier decision; and (4) the standard of proof in the prior action must have been at least as stringent as the standard of proof in the later case. In re Yanks, 931 F.2d 42, 43 n. 1 (11th Cir.1991); In re Halpern, 810 F.2d 1061, 1064 (11th Cir.1987); In re Scarfone, 132 B.R. 470, 472 (Bankr.M.D.Fla.1991); see also Mobil Oil Corp. v. Shevin, 354 So.2d 372, 374 (Fla.1977). While collateral estoppel may bar a bankruptcy court from relitigating factual issues previously decided in state court, however, the ultimate issue of dischargeability is a legal question to be addressed by the bankruptcy court in the exercise of its exclusive jurisdiction to determine discharge-ability. Halpern, 810 F.2d at 1064.

The bankruptcy court properly applied collateral estoppel to those facts underlying the state court’s finding of fraud in determining dischargeability under § 523(a)(2)(A). The fraud issue at stake in the bankruptcy proceeding was identical to that decided in the state court proceeding. For purposes of § 523(a)(2)(A), a creditor must prove that (1) the debtor made a false representation with intent to deceive the creditor, (2) the creditor relied on the representation, (3) that his reliance was reasonably founded, and (4) that the creditor sustained loss as a result of the representation.

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Related

Williams v. United States Fidelity & Guaranty Co.
236 U.S. 549 (Supreme Court, 1915)
Local Loan Co. v. Hunt
292 U.S. 234 (Supreme Court, 1934)
Allen v. McCurry
449 U.S. 90 (Supreme Court, 1980)
Kelly v. Robinson
479 U.S. 36 (Supreme Court, 1986)
Sullivan v. Stroop
496 U.S. 478 (Supreme Court, 1990)
Grogan v. Garner
498 U.S. 279 (Supreme Court, 1991)
Johnson v. Home State Bank
501 U.S. 78 (Supreme Court, 1991)
Patterson v. Shumate
504 U.S. 753 (Supreme Court, 1992)
Estate of Cowart v. Nicklos Drilling Co.
505 U.S. 469 (Supreme Court, 1992)
In Re Franklin
726 F.2d 606 (First Circuit, 1984)

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Bluebook (online)
153 F.2d 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-laurent-v-ambrose-in-re-st-laurent-ca11-1993.