ARROWHEAD CONDOMINIUM, INC., APPELLANT,
v.
DOUGLAS T. BELL AND MARILYN G. BELL, HIS WIFE, APPELLEES
ARROWHEAD CONDOMINIUM, INC., APPELLANT,
DOUGLAS T. BELL AND MARILYN G. BELL, HIS WIFE, APPELLEES
386 So. 2d 1305
Florida District Court of Appeal, Fourth District (1980)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
BERANEK and GLICKSTEIN, JJ., and SIMONS, STUART M., Associate Judge, concur.
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Palmer v. McCALLION, 645 So. 2d 131 (Fla. 4th DCA 1994)…hether the affirmative defenses of res judi-cata and estoppel appear on the face of a “prior pleading” such that appellees properly raised these affirmative defenses in their motion to dismiss. This court’s holding in Tesher & Tesher, P.A. v. Cook, 386 So. 2d 1305 (Fla. 4th DCA 1980), is squarely on point. In reversing that portion of the order dismissing the complaint with prejudice on the theory of res judicata, this court specifically held that the term “prior pleading” refers to “one or more prior pleadin…
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S. Fla. Equip. Co., Inc. v. Roacre, Inc., 603 So. 2d 108 (Fla. 3d DCA 1992)…[*109] PER CURIAM. Affirmed. Tesher & Tesher v. Cook, 386 So. 2d 1305 (Fla. 4th DCA 1980); Stern v. First National Bank of South Miami; 275 So. 2d 58 (Fla. 3d DCA 1973); see also Williamson v. Guerra, 208 So. 2d 302 (Fla. 1st DCA 1968); Frank v. Pioneer Metals, Inc., 121 So. 2d 685 (Fla. 3d DCA), cert. denied, 123 So.…