IN THE NAME OF THE STATE OF FLORIDA UPON THE RELATION OF JACK E. HAMMOCK, APPELLANT,

v.

LEO KENNEDY, APPELLEE

Citator

Cited By

• Cook v. Lichtblau, 176 So. 2d 523 (Fla. 2d DCA 1965)
  …abbed a suction and sucked some out.” . Compare Dobson v. Crews, Fla.App.1964, 164 So. 2d 252 and Florida East Coast Railway Company v. Lewis, Fla.App.1964, 167 So. 2d 104 with the dissenting opinion of White, J., in Thoman v. Ashley, Fla.App.1964, 170 So. 2d 332, 337-339. . 5 Moore's Federal Practice, Par. 41.-05[1]. . 5 Moore’s Federal Practice, Par. 41.-13 [1]. As originally promulgated this sentence applied to both jury and court cases but as amended in 1963 the sentence is limited to court cases. Ibid…
• Thermofin, Inc. v. Woodruff, 491 So. 2d 344 (Fla. 4th DCA 1986)
  …estoppel and res judicata, raised in appellants’ brief, require that there be a “termination” of the other action. Youngblood v. Taylor, 89 So. 2d 503 (Fla.1956); Lorf v. Indiana Insurance Co., 426 So. 2d 1225 (Fla. 4th DCA 1983); Thoman v. Ashley, 170 So. 2d 332 (Fla. 2d DCA 1964). However, appellant, by filing this second case, has attempted to split its cause of action between the two lawsuits. The rule against splitting causes of action requires that all relief arising out of a single transaction or even…
• Klak v. Eagles' Reserve Homeowners' Ass'n, Inc., 862 So. 2d 947 (Fla. 2d DCA 2004)
  …evant prior final judgment. See Fla. Dep’t of Transp. v. Juliano, 801 So. 2d 101, 105 (Fla.2001) (stating that “[a] judgment on the merits rendered in a former suit” is required for application of res judicata) (citations omitted); Thoman v. Ashley, 170 So. 2d 332, 333 (Fla. 2d DCA 1964) (“One of the necessary elements in rendering a cause res judicata is a prior final judgment.”) (citation omitted); Donnell v. Indus. Fire & Cas. Co., 378 So. 2d 1344, 1346 (Fla. 3d DCA 1980) (“No order may be- res judicata as…