Identity Of Parties

87 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gray v. Gray
  91 Fla. 103· Fla.· 1926-01-23 ·cited 152×
  This case examines whether a prior chancery suit's decree acts as a bar to a subsequent ejectment action between the same parties concerning the same land. The court held that the prior decree, decided on its merits, estopped the plaintiff in error from raising the same title iss
• Hay v. Lyman A. Salisbury and Ruth Salisbury
  92 Fla. 446· Fla.· 1926-08-02 ·cited 116×
  This case involves the doctrine of res judicata in the context of real property disputes. Lillian Mae Hay sought specific performance of an alleged oral contract to purchase property from Lyman A. Salisbury, but the Florida Supreme Court affirmed the dismissal of her complaint ba
• LEE v. City OF Peoria
  685 F.2d 196· 7th Cir.· 1982-08-06 ·cited 92×
  A federal civil rights suit alleging racial discrimination in employment is barred by res judicata if the plaintiff had a full and fair opportunity to litigate the issue in prior state administrative and judicial proceedings.
• Brundage v. O'Berry
  101 Fla. 320· Fla.· 1931-04-24 ·cited 68×
  This case concerns whether a circuit court exceeded its jurisdiction in reversing a lower court's judgment and directing a new judgment. The Supreme Court of Florida ultimately quashed the writ of certiorari, finding the circuit court's decision was supported by the evidence and
• Jones v. Tex. Tech Univ.
  656 F.2d 1137· 5th Cir.· 1981-09-25 ·cited 50×
  The court held that the prior consent judgment barred the current lawsuit under res judicata, but reversed the award of attorneys' fees, finding the lawsuit was not frivolous.
• Marrese v. Am. Acad. OF Orthopaedic Surgeons
  726 F.2d 1150· 7th Cir.· 1984-01-03 ·cited 46×
  The dissenting opinion argues that the district court did not abuse its discretion in its discovery order and contempt citation. It asserts that while the discovery order could have been improved, the Academy's defiance of the trial court constituted contempt, and the contempt ci
• Rewjb GAS Invs. v. Land O'Sun Realty, Ltd.
  645 So. 2d 1055· Fla. 4th DCA· 1994-11-16 ·cited 40×
  Tenants in a Palm Beach County eviction proceeding sought review of an order denying their motion to stay the eviction pending resolution of a related declaratory judgment action in Dade County involving the same parties and a contract interpretation issue. The court held that de
• Silas J. Alexander v. Chicago Park Dist.
  773 F.2d 850· 7th Cir.· 1985-09-19 ·cited 39×
  The court held that res judicata barred claims based on the same operative facts as prior litigation, and that Title VII is not the exclusive remedy for employment discrimination claims by state employees under § 1983, but Title VI claims cannot be brought under § 1983.
• Sauder v. Rayman
  800 So. 2d 355· Fla. 4th DCA· 2001-11-28 ·cited 38×
  ASI Acquisition sought to abate or dismiss a Florida lawsuit filed by members Rayman and Alpert in favor of an earlier-filed federal suit in Illinois, arguing for priority under the principle of abatement and enforcing forum selection clauses in the purchase agreements. The trial
• Rule v. Int'l Ass'n OF Bridge
  568 F.2d 558· 8th Cir.· 1977-11-22 ·cited 38×
  The court held that the district court abused its discretion by decertifying the class action based on low opt-in numbers and erred by applying the wrong legal standard to certain pattern and practice claims. The court also found that the district court erred in excluding evidenc
• E.C. v. Lorne Katz, M.D.
  731 So. 2d 1268· Fla.· 1999-04-01 ·cited 34×
  The Florida Supreme Court held that collateral estoppel requires mutuality of parties in Florida law, even in defensive contexts, and reversed the Fourth District Court of Appeal's decision that permitted defensive collateral estoppel without identical parties in a medical malpra
• Application of Milton E. Herr
  377 F.2d 610· C.C.P.A.· 1967-05-11 ·cited 32×
  The court held that res judicata does not bar claims when a new application presents a different issue of patentability, even with identical claims and parties.
• Cicero v. Paradis
  184 So. 2d 212· Fla. 2d DCA· 1966-02-23 ·cited 28×
  The court affirmed the dismissal of an action filed in Hillsborough County, treating it as an abatement based on the pendency of a prior action in Okeechobee County. The court held that despite some changes in parties between the two actions, there was sufficient identity of part
• Ford v. Dania Lumber & Supply Co., Inc.
  150 Fla. 435· Fla.· 1942-04-21 ·cited 23×
  Ford sued to recover damages for a private nuisance allegedly maintained by lumber companies that depreciated his home's value and affected his health. The trial court struck his market value claim but allowed amendment for lost rental value, and upheld a res judicata defense bas
• LaSALLE Nat'l Bank OF Chicago under Trs. Numbered 40244 v. The Cnty. OF DuPAGE
  856 F.2d 925· 7th Cir.· 1988-09-08 ·cited 20×
  The court held that the present federal action under 42 U.S.C. § 1983 is not barred by the prior Illinois state court judgment under the doctrine of res judicata because the two actions do not involve the same cause of action under Illinois law.
• O'Brien v. Fed. Tr. Bank
  727 So. 2d 296· Fla. 5th DCA· 1999-02-12 ·cited 19×
  The court held that the trial court erred in denying leave to amend to assert a federal RICO claim, as it was not barred by res judicata, collateral estoppel, or the statute of limitations.
• Jones v. Bradley
  366 So. 2d 1266· Fla. 4th DCA· 1979-02-07 ·cited 18×
  State Farm, which paid uninsured motorist benefits to an injured plaintiff, attempted to sue a tortfeasor and his insurer in subrogation after the plaintiff's initial suit against them had been dismissed on grounds of no insurance coverage. The court held that State Farm, as a su
• Kale v. Combined Ins. Co. OF Am.
  924 F.2d 1161· 1st Cir.· 1991-01-25 ·cited 17×
  A plaintiff who fails to assert an available alternative basis for federal jurisdiction (like diversity) for related state-law claims in an initial federal action, after the federal claim is dismissed on the merits, is precluded from bringing those state-law claims in a subsequen
• Stevens v. Len-Hal Realty, Inc.
  403 So. 2d 507· Fla. 4th DCA· 1981-08-26 ·cited 17×
  In this mortgage foreclosure appeal, the court addressed whether res judicata bars relitigation of issues previously addressed in a declaratory judgment action. The court affirmed summary judgment on the appellants' counterclaim but reversed the foreclosure judgment, finding that
• Paley v. Cocoa Masonry, Inc.
  354 So. 2d 945· Fla. 2d DCA· 1978-02-03 ·cited 16×
  A trial court cannot include costs and attorney fees from a prior, unrelated lawsuit in a stay order under Fla.R.Civ.P. 1.420(d) when the claims in the two suits are not the same.
• Zurich Ins. Co. v. Bartlett
  352 So. 2d 921· Fla. 2d DCA· 1977-11-30 ·cited 16×
  In this wrongful death case, the trial court granted summary judgment against the appellants based on estoppel by judgment, holding that a prior negligence judgment against the defendants in a separate action by another injured party conclusively established the defendants' negli
• Smith v. Perry
  635 So. 2d 1019· Fla. 1st DCA· 1994-04-22 ·cited 15×
  Elizabeth Smith appealed a summary judgment dismissing her attorney malpractice claim against Patrick Perry based on collateral estoppel arising from a prior dissolution proceeding. The First District Court of Appeal reversed, holding that collateral estoppel did not apply becaus
• Martin v. Arrow Cabs, Inc.
  107 So. 2d 394· Fla. 3d DCA· 1958-10-28 ·cited 14×
  The court affirmed the granting of summary judgment for the defendants, holding that prior judgments in consolidated cases acted as res judicata, and that failure to satisfy prior cost judgments barred the new actions.
• Hernandez v. City OF Lafayette & Kenneth J. Bowen
  699 F.2d 734· 5th Cir.· 1983-03-07 ·cited 13×
  The court held that while the district court erred in applying federal res judicata principles instead of Louisiana's, the outcome remains the same as Louisiana res judicata also bars the claim. Changed circumstances were not significant enough to overcome res judicata.
• Kimmel v. Tex. Commerce Bank
  817 F.2d 39· 7th Cir.· 1987-04-27 ·cited 12×
  A sua sponte dismissal for failure to prosecute operates as a final judgment on the merits for res judicata purposes, even if the court did not explicitly state it was on the merits.
• Davis v. Asbell
  328 So. 2d 204· Fla. 1st DCA· 1976-03-11 ·cited 12×
  This case addresses whether a prior judgment in a negligence action against a husband bars his wife's derivative claim for loss of consortium. The court affirmed that estoppel by judgment applies to consortium claims because the wife's cause of action is derivative and subordinat
• Carlisle v. Phenix City Bd. OF Educ.
  849 F.2d 1376· 11th Cir.· 1988-07-20 ·cited 11×
  The court held that the district court erred in granting summary judgment based on res judicata and collateral estoppel, as the plaintiff's race discrimination claim could not have been fully litigated in the prior state proceedings.
• Gomez-Ortega v. Dorten, Inc.
  670 So. 2d 1107· Fla. 3d DCA· 1996-03-27 ·cited 10×
  Secondary purchasers of condominium units challenged a lease agreement with an escalation clause, claiming they were not bound by it since they were not original parties. The court affirmed summary judgment for the defendants, holding that res judicata barred the claim because th
• Fla. Ins. Guar. Ass'n, Inc. v. The Celotex Corp. & The Jim Walter Corp.
  547 So. 2d 660· Fla. 2d DCA· 1989-06-09 ·cited 10×
  FIGA filed declaratory judgment actions in Broward and Dade counties against Celotex and Jim Walter regarding asbestos liability insurance coverage. When the defendants joined together and filed an identical suit in Hillsborough County, FIGA moved to dismiss based on prior jurisd
• Lambert v. Lambert
  524 So. 2d 686· Fla. 4th DCA· 1988-03-23 ·cited 9×
  Patricia Lambert appeals the dismissal of her dissolution of marriage action for lack of subject matter jurisdiction. The trial court found the 1974 Dominican Republic divorce from appellee's first wife invalid due to lack of residency, rendering Patricia's subsequent Haitian mar
• Argerenon v. ST. Andrews Cove I Condo. Ass'n, Inc.
  507 So. 2d 709· Fla. 2d DCA· 1987-05-15 ·cited 9×
  The appellate court reversed a summary judgment granted in favor of a condominium association in a mold and mildew damage suit brought by unit owners who had previously been members of a class action against the developer. The court held that genuine disputes of material fact pre
• Forty ONE Yellow v. Escalona
  45 Fla. L. Weekly D1137· Fla. 2d DCA· 2020-10-28 ·cited 8×
  The appellate court affirmed the dismissal of a foreclosure action because the plaintiff, Forty One Yellow, LLC (FOY), failed to prove its standing to foreclose. While the court found that res judicata did not bar the action, it held that FOY's failure to establish a valid chain
• Lucky Nation, LLC v. Al-Maghazchi
  186 So. 3d 12· Fla. 4th DCA· 2016-01-06 ·cited 8×
  Collateral estoppel does not bar a quiet title action when there is no identity of parties and the issue was not fully litigated in the prior proceeding.
• Amec Civil, LLC v. PTG Constr. Servs. Co.
  106 So. 3d 455· Fla. 1st DCA· 2012-08-08 ·cited 8×
  The appellate court affirmed a lower court's summary judgment, holding that the current lawsuit was barred by res judicata. The court found that the prior litigation involved the same parties or their privies, the same cause of action, and the same subject matter.
• Ferola v. Blue Reef Holding Corp., Inc.
  719 So. 2d 389· Fla. 4th DCA· 1998-10-28 ·cited 8×
  Property owners Frank and Vera Ferola challenged the trial court's dismissal of their complaint against a developer for violating deed restrictions by constructing townhouses on a designated recreation area. The court affirmed dismissal of the injunctive relief claim as barred by
• Nell v. Int'l Union OF Operating Eng'rs
  427 So. 2d 798· Fla. 4th DCA· 1983-03-09 ·cited 8×
  The trial court erred in applying the principle of collateral estoppel to a criminal conviction in a subsequent civil action where the parties were not identical.
• Application of Avedis Zildjian Co.
  394 F.2d 860· C.C.P.A.· 1968-05-16 ·cited 8×
  A party asserting trademark rights based on a court decree must demonstrate identity or privity with the parties to that decree.
• Deep Rock Oil Corp. v. Sheridan
  173 F.2d 186· 10th Cir.· 1949-01-31 ·cited 8×
  The court held that an adjudication of non-negligence in a prior action for personal injury barred a subsequent action for wrongful death, even though the causes of action were distinct.
• Ritch v. State
  14 So. 3d 1104· Fla. 1st DCA· 2009-06-12 ·cited 7×
  The court held that the state failed to prove that the defendant's criminal conduct caused the entire amount of the victim's claimed loss, and therefore, the restitution order was reversed.
• Griffin v. State OF R.I.
  760 F.2d 359· 1st Cir.· 1985-04-16 ·cited 7×
  Res judicata principles bar the plaintiff's federal court action because the claims raised were, or could have been, litigated in prior state court proceedings.
• Provident Funding Assocs. v. M D T R
  257 So. 3d 1114· Fla. 2d DCA· 2018-10-12 ·cited 6×
  Res judicata does not bar a successive foreclosure action on the same mortgage when the later action is based on a distinct period of default from the earlier action. The party asserting res judicata as an affirmative defense bears the burden of proving all required elements, inc
• Alltrade, Inc. v. Uniweld Prods., Inc.
  946 F.2d 622· 9th Cir.· 1991-09-23 ·cited 6×
  The court held that while the district court did not abuse its discretion in applying the first-to-file rule, it should have stayed, rather than dismissed, the second-filed action due to jurisdictional uncertainty in the first-filed case.
• Ruiz v. The Comm'r OF the Dep't OF Transp. OF the City OF NEW York & the N.Y. State Dep't of Motor Vehicles
  858 F.2d 898· 2d Cir.· 1988-10-07 ·cited 6×
  The court held that the plaintiffs' federal claims were barred by res judicata because they were in privity with the plaintiffs in a prior state court action that decided the same issues.
• Keesee v. Est. OF Richard L. Neely
  498 So. 2d 1026· Fla. 2d DCA· 1986-12-12 ·cited 6×
  Frances Keesee and Edith Joan Gunter received insurance policy proceeds as beneficiaries of Richard Neely's life insurance and were required to pay their pro-rata shares of federal estate tax. This appeal addresses whether the personal representative was required to refund the ta
• Cordoba v. Cordoba
  393 So. 2d 589· Fla. 4th DCA· 1981-01-21 ·cited 6×
  A former husband appeals an order denying his motion to quash service of process for a tort count involving alleged intentional infliction of emotional distress, which was served on him while he was attending trial on related in rem property counts. The court holds that non-resid
• Smith v. United Servs. Auto. Ass'n & Phyllis Diane Whalen
  259 So. 2d 501· Fla. 1st DCA· 1972-03-28 ·cited 6×
  The court reversed a trial court's dismissal of an insurer defendant based on res judicata and estoppel by judgment, holding that these doctrines require identity of parties and therefore do not apply when a new defendant (Phyllis Whalen) was not party to the prior litigation.
• City OF NEW Port Richey v. State ex rel. O'Malley
  145 So. 2d 903· Fla. 2d DCA· 1962-10-10 ·cited 6×
  This case involves a dispute over the validity of the City of New Port Richey's 1957 annexation of property. The court reversed the trial court's judgment granting a quo warranto writ to oust city officials, holding that the doctrine of res judicata barred the challenge because t
• Bryan v. Litem
  211 So. 3d 333· Fla. 2d DCA· 2017-02-22 ·cited 5×
  Audrey Bryan appeals the trial court's determination of beneficiaries in her deceased mother's estate, challenging the court's reliance on res judicata to uphold a finding that the decedent was validly married to Edward John. The appellate court reverses, holding that res judicat
• SEA Quest Int'l, Inc. v. Trident Shipworks, Inc.
  958 So. 2d 1115· Fla. 2d DCA· 2007-06-22 ·cited 5×
  Sea Quest International sued Trident Shipworks for breach of a yacht construction contract after Trident filed bankruptcy. The court addressed whether prior bankruptcy and federal court proceedings precluded relitigation of liability and damages in state court, ultimately affirmi
• Stafford v. DON Reid Ford, Inc.
  920 So. 2d 791· Fla. 5th DCA· 2006-02-17 ·cited 5×
  Appellant challenges a summary judgment in a civil theft action, arguing that a criminal restitution judgment should not estop him from defending the civil claim. The court holds that Florida's estoppel statutes preclude a defendant convicted in a criminal proceeding from denying