CARMEN SOFIA BUENO, APPELLANT,
v.
FRANCIA ISABEL BUENO DE KHAWLY, ET AL., APPELLEES

Fla. 3d DCA | 1996-06-05
Nos. 95-2917, 95-2189 and 95-1554
Before BARKDULL, JORGENSON and GODERICH, JJ.
677 So. 2d 3 Florida District Court of Appeal, Third District (1996)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the doctrine of law of the case binds the parties to the issues previously adjudicated and affirmed on appeal.


Facts & Procedural History

The trial court previously determined the widow was not entitled to a share of the real property and was estopped from claiming it. This court affirme…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the judgment on appeal, as we are governed by the doctrine of law of the ease. “Simply stated, that doctrine is that those points of law adjudicated in a prior appeal are binding in order to promote stability of judicial decisions and to avoid piecemeal litigation.” Jacobson v. Humana Medical Plan, Inc., 636 So. 2d 120, 121 (Fla. 3d DCA 1994).

The ultimate issue on appeal in this case — whether the widow was entitled to a share of the real property in Dade County— was specifically determined by the trial court in an earlier proceeding; that judgment was affirmed in its entirety by this court’s decision in Bueno v. Bueno de Khawly, 643 So. 2d 1174 (Fla. 3d DCA 1994).1

It matters not that this court’s earlier decision addressed the issue of whether the property was homestead property; the unqualified affirmance went to the entirety of the order on appeal. “A per curiam decision of the appellate court is the law of the case between the same parties on the same issues and facts, and determines all issues necessarily involved in the appeal, whether mentioned in the court’s opinion or. not.” Mitzenmacher v. Mitzenmacher, 656 So. 2d 178, 179 (Fla. 3d DCA 1995); New England Ins. Co. v. International Bank of Miami, 537 So. 2d 1025 (Fla. 3d DCA 1988).

AFFIRMED.

. In the final judgment of November 1993, which was affirmed by this court, the trial court specifically found that the widow “was estopped from any claims to the subject property and is es-topped from sharing it with the two children of the deceased.” That final judgment also addressed the very claims relating to the Colombian proceedings that were argued in this appeal.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw