Identity Of Parties

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

• Franco Francini and Claudio Menicocci v. Int'l Marble Trades, Inc.
  546 So. 2d 777· Fla. 3d DCA· 1989-07-18 ·cited 5×
  Francini and Menicocci challenged personal jurisdiction over them in a derivative shareholder action brought by Quarra against IMT officers. The court reversed, finding that Francini was entitled to nonresident witness immunity when served while attending a deposition in a separa
• Gibbs v. Republic Tobacco, L.P.
  119 F. Supp. 2d 1288· M.D. Fla.· 2000-09-26 ·cited 4×
  The court held that claims of two plaintiffs were barred by res judicata, and the remaining plaintiff's claims failed to state a claim upon which relief could be granted.
• Schlangen v. Resolution Tr. Corp.
  934 F.2d 143· 7th Cir.· 1991-06-10 ·cited 4×
  The court held that prior state court judgments had res judicata effect, barring the current federal claims, and affirmed the district court's grant of summary judgment.
• United States v. Mahmoud Safari
  849 F.2d 891· 4th Cir.· 1988-06-20 ·cited 4×
  The court held that collateral estoppel does not apply when the federal government prosecutes after an unsuccessful state action due to the lack of identity of parties. The court also affirmed the admissibility of evidence seized and the convictions.
• Prince Lewis, Jr. v. E. Feliciana Parish Sch. Bd.
  820 F.2d 143· 5th Cir.· 1987-06-26 ·cited 4×
  The court held that the plaintiff's federal due process claim under 42 U.S.C. § 1983 was barred by res judicata, as it had been litigated and decided by Louisiana state courts.
• Bartlett v. Bennett
  360 So. 2d 1144· Fla. 2d DCA· 1978-07-21 ·cited 4×
  A malpractice plaintiff appealed the dismissal of her lawsuit against attorneys who allegedly failed to timely file a wrongful death action on her behalf. The court reversed the dismissal and instead imposed a stay of the malpractice action pending resolution of the underlying wr
• Pickett v. Woods
  360 So. 2d 45· Fla. 4th DCA· 1978-06-14 ·cited 4×
  Appellants brought a wrongful death action against an insurance company and estate representatives following an airplane crash. The trial court granted summary judgment based on collateral estoppel from a prior declaratory judgment in which the insurance company obtained a ruling
• Lester v. Nat'l Broad. Co., Inc.
  217 F.2d 399· 9th Cir.· 1954-10-12 ·cited 4×
  The court held that the prior judgment in an independent equity suit was a sufficient basis for the current summary judgment, as res judicata bars repeated attacks on a judgment.
• Hal D. Hicks v. Don Hoagland for Midwest Transit, Inc.
  953 So. 2d 695· Fla. 5th DCA· 2007-04-05 ·cited 3×
  Hal Hicks appealed a summary judgment dismissing his mortgage foreclosure claim based on res judicata. The Fifth District Court of Appeal reversed, holding that Hicks presented sufficient evidence through affidavits that his underlying counterclaim had been dismissed before trial
• Youngblood v. Taylor
  89 So. 2d 503· Fla.· 1956-09-12 ·cited 3×
  This case concerns whether a prior "not guilty" verdict in a minor's negligence suit bars a subsequent suit by the minor's father for damages. The court held that the father's suit is not barred because the father, as an individual seeking damages for loss of services and medical
• Bank OF Am., N.A. v. Beverly
  183 So. 3d 1099· Fla. 4th DCA· 2015-06-10 ·cited 2×
  Bank of America appeals from orders denying its motion to compel arbitration in two consolidated cases arising from losses in the Scott Rothstein Ponzi scheme. The court holds that arbitration must be compelled for the signatories to the loan agreement (Von Allmen and D & L Partn
• Benline v. City of Deland
  731 F. Supp. 464· M.D. Fla.· 1989-04-27 ·cited 2×
  Res judicata bars claims that were or could have been litigated in the second state court proceeding, and collateral estoppel bars relitigation of issues decided in the first state court proceeding.
• Sider v. Valley Line
  857 F.2d 1043· 5th Cir.· 1988-10-17 ·cited 2×
  The court held that a district court judgment is final and appealable even if unserved defendants remain, and that the state court judgment was res judicata barring the federal LHWCA claim.
• Ward v. Zeidwig
  521 So. 2d 215· Fla. 4th DCA· 1988-02-17 ·cited 2×
  Ward sued his former criminal defense attorney Zeidwig for legal malpractice, alleging Zeidwig provided ineffective assistance by refusing to use an allegedly exculpatory tape recording of a conversation with a DEA agent. The trial court granted summary judgment for Zeidwig based
• Liddell v. Smith
  345 F.2d 491· 7th Cir.· 1965-04-22 ·cited 2×
  The court held that the doctrine of res judicata barred the plaintiff's claims, as all issues arising from the transactions could have been litigated in prior state court actions. Furthermore, claims of perjury and subornation of perjury are not actionable in civil court without
• August v. State
  92 Fla. 497· Fla.· 1926-08-03 ·cited 2×
  Joseph L. August was charged with obtaining money by false pretenses. He filed a plea of autrefois acquit (former acquittal), alleging he had been previously acquitted of the identical offense. The Florida Supreme Court held that the plea was legally sufficient and that the trial
• Pickell v. Lennar Homes, LLC
  372 So. 3d 1279· Fla. 6th DCA· 2023-10-20 ·cited 1×
  The appellate court reversed a lower court's grant of summary judgment, finding that res judicata did not bar the plaintiff's claims against the home builder. The court held that the builder and the HVAC installer were not in privity, a necessary element for res judicata.
• Portwood v. Portwood
  261 So. 3d 670· Fla. 5th DCA· 2018-11-30 ·cited 1×
  Res judicata does not bar a motion for contempt regarding failure to pay additional alimony (mortgage payments) where the motion involves distinct facts and evidence from a prior motion concerning non-modifiable monthly alimony, even though both motions could have been raised tog
• Massey v. David
  831 So. 2d 226· Fla. 1st DCA· 2002-10-30 ·cited 1×
  Gary Massey sued Calvin David and others for legal malpractice and related claims arising from their representation in a toxic tort lawsuit. The trial court granted David's motion for summary judgment based on res judicata and collateral estoppel, finding that the issues had alre
• Young-Henderson v. Spartanburg Area Mental Health Ctr.
  945 F.2d 770· 4th Cir.· 1991-09-20 ·cited 1×
  The court held that the Consent Order in the prior lawsuit only barred claims actually raised in that complaint, not subsequent claims or those that arose later, and that a plaintiff's response to interrogatories does not constitute a new claim.
• LEE v. Stevens OF Fla., Inc.
  578 So. 2d 867· Fla. 2d DCA· 1991-05-03 ·cited 1×
  A Canadian resident who voluntarily testified at an arbitration proceeding was served with process while leaving. The court held that Florida's nonresident witness immunity rule applies to arbitration proceedings, not just judicial proceedings, and reversed the trial court's deni
• Hittel v. Rosenhagen
  492 So. 2d 1086· Fla. 4th DCA· 1986-06-18 ·cited 1×
  This case addresses whether taxpayers can sue Broward County for additional taxes levied under a final 1980 assessment roll, arguing that res judicata and estoppel by judgment from the prior Markham case bar their claims, and whether they can pursue an equitable estoppel defense
• Gallagher v. Consilio, LLC
  M.D. Fla.· 2023-08-09
  The court held that it lacked the power to enjoin arbitration proceedings, either traditionally or statutorily, and that factual disputes regarding contract existence and novation required further discovery and a trial to determine arbitrability.
• United Auto. Ins. Co. v. Millennium Radiology, LLC
  47 Fla. L. Weekly D175· Fla. 3d DCA· 2022-03-16
  United Automobile Insurance Company appealed a summary judgment in favor of Millennium Radiology, a medical provider and assignee of an insured, in a first-party personal injury protection action. The trial court applied collateral estoppel based on a prior jury determination reg
• United Auto. Ins. Co. v. Best Am. Diagnostic Ctr., Inc.
  Fla. 3d DCA· 2022-02-23
  United Automobile Insurance Company appeals a summary judgment in favor of Best American Diagnostic Center, Inc., which sought PIP benefits for medical services provided to an insured. The trial court applied offensive collateral estoppel to prevent United Auto from challenging t
• Queiroz v. Bentley Bay Retail, LLC
  237 So. 3d 1108· Fla. 3d DCA· 2018-01-03
  Defendants who appear at court-ordered depositions in their corporate capacities are immune from service of process in their individual capacities under the Murphy doctrine, and this immunity cannot be overcome by establishing long-arm jurisdiction.
• Ryan v. Am. Marine Holdings, Inc.
  989 So. 2d 730· Fla. 4th DCA· 2008-09-03
  Ryan appeals the trial court's dismissal of his breach of warranty claim against American Marine Holdings, Inc. (AMH), which the trial court dismissed on grounds that AMH is the same entity as Donzi Marine, LLC and the claim should be raised as a compulsory counterclaim in a sepa
• Farm Mut. Auto. Ins. Co. v. David
  9th Cir. Ct. App. Div.· 2008-07-01
  State Farm sought certiorari review of an Orange County Court order denying its motion to dismiss or abate a PIP insurance benefits case filed by a chiropractor. The Ninth Judicial Circuit Court denied the petition, holding that State Farm failed to demonstrate that the county co
• Ball v. City of Coral Gables
  548 F. Supp. 2d 1364· S.D. Fla.· 2008-04-09
  Summary judgment is granted for the defendants on all claims, as the police officers had probable cause for the arrest under a valid mutual aid agreement, and the police department is not a suable entity.
• Five Star Sanitation, Inc. v. Saroza
  622 So. 2d 631· Fla. 3d DCA· 1993-08-17
• Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc.
  621 So. 2d 762· Fla. 3d DCA· 1993-07-06
  The court held that Maison Grande's suit was barred by res judicata because the issue of the rent escalation clause's unconscionability had been previously litigated and resolved.
• Clark v. Haas Grp., Inc.
  953 F.2d 1235· 10th Cir.· 1992-01-15
  The court held that the district court erred in denying summary judgment based on res judicata, as the second lawsuit involved the same parties and transaction as the first, even though different legal theories were advanced.
• Barnell O. Cross v. Tampa Elec. Co.
  577 So. 2d 623· Fla. 2d DCA· 1991-03-20
  The court held that Shimberg-Cross, not being a party when Tampa Electric was dismissed, could pursue a third-party complaint, but Mr. Cross, having failed to appeal the initial dismissal, could not.
• Hannon v. Gavril Lungu and Alexandra Lungu
  426 So. 2d 1019· Fla. 3d DCA· 1983-01-18
  Attorney Hannon sought to enforce a contingent fee agreement and establish a charging lien against his client's inheritance from an estate. The trial court dismissed his complaint based on res judicata, but the appellate court reversed, holding that Hannon had the right to recove
• Kathryn v. Reynolds
  117 So. 2d 16· Fla. 1st DCA· 1959-12-10
  The Florida District Court of Appeal affirmed a divorce decree granted to the husband on grounds of desertion, rejecting the wife's defenses of res judicata based on a prior Alabama divorce judgment and her counterclaim for separate maintenance. The court held that successive des
• T.V.T. Corp. v. Basiliko
  257 F.2d 185· D.C. Cir.· 1958-04-24
  The court held that the appellants failed to provide an adequate record for appellate review, thus the trial court's judgment must be affirmed.