the DRB. When the DRB process halted before resolution, AMEC filed this suit seeking declaratory judgment to compel completion of the DRB process and seeking damages for the subsequent breaches. The majority and the DOT rely on the principle of “one contract, one lawsuit” to establish the elements of res judicata. See Albrecht v. State, 444 So.2d 8, 12 (Fla.1984) (stating res judicata as an affirmative defense requires four elements: 1) identity of the thing sued for; 2) identity of the cause of action; 3) identity of the parties; and 4) identity of the quality in the person for or against whom the claim is made). Specifically, the majority relies on Mims v. Reid to find that AMEC had only one cause of action, a single breach of an indivisible contract. 98 So.2d 498, 500-01 (Fla.1957) (<HOLDING>). Respectfully, the majority’s reliance on Mims
recognizing the cause of action holding that a single cause of action arises out of the same set of facts recognizing cause of action holding that under the rule against splitting a cause of action a new claim for damages is not barred if the underlying cause of action had not accrued at the time of filing the previous lawsuit holding that the rule of splitting of causes of action as related to res judicata does not permit the owner of a single or entire cause of action or an entire indivisible demand to divide or split that cause of action and that all damages from a single wrongful act must be claimed in one action