ERROL LATSON
v.
THE STATE OF FLORIDA
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HENDON, J.
Errol Latson appeals from a final judgment of conviction and sentence. We affirm.
The suppression issue that Latson raises in this appeal is identical to the suppression issue he raised in his probation revocation appeal. This Court has already ruled and affirmed the trial court’s order denying Latson’s motion to suppress in that proceeding. See Latson v. State, 227 So. 2d 587 (Fla. 3d DCA 2017). Thus, Latson is barred by the principle of res judicata from raising the identical issue in this appeal from his convictions for robbery and first degree murder. See Gordon v. Gordon, 59 So. 2d 40, 44 (Fla. 1952) (“[U]nder res ajudicata a final decree of judgment bars a subsequent suit between the same parties based upon the same cause of action and is conclusive as total matters germane thereto that were or could have been raised.”).
Affirmed.
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Citator
Cited By
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Sebastian v. THE City of Miami (Fla. 3d DCA 2020)
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Robertson v. Robertson, 61 So. 2d 499 (Fla. 1952)…ely different cause of action, so that the principles of res judicata are not applicable; and the question was not litigated on the mortgage foreclosure suit, so that "estoppel by judgment" does not come into the picture. See Gordon v. Gordon, Fla., 59 So. 2d 40, 43, wherein the principles of law relating to "res judicata" and "estoppel by judgment" are clearly and concisely set forth. Moreover, we have noted in the brief filed in this court by counsel for the appellees Tinter in the appeal on the mortgage…
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Errol Latson v. State, 227 So. 2d 587 (Fla. 3d DCA 2019)…raises in this appeal is identical to the suppression issue he raised in his probation revocation appeal. This Court has already ruled and affirmed the trial court’s order denying Latson’s motion to suppress in that proceeding. See Latson v. State, 227 So. 2d 587 (Fla. 3d DCA 2017). Thus, Latson is barred by the principle of res judicata from raising the identical issue in this appeal from his convictions for robbery and first degree murder. See Gordon v. Gordon, 59 So. 2d 40, 44 (Fla. 1952) (“[U]nder res aj…1 / 2
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- Sebastian v. THE City of Miami (Fla. 3d DCA 2020)
- Errol Latson v. State, 227 So. 2d 587 (Fla. 3d DCA 2019)