CHARLOTTE VOGEL, APPELLANT,
v.
RONALD I. BARON AND LARY (SPIKE) VON ZAMFT, APPELLEES

Fla. 3d DCA | 1990-10-02
No. 90-804
Before BARKDULL, COPE and GERSTEN, JJ.
568 So. 2d 471 Florida District Court of Appeal, Third District (1990) Negative Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As the parties to the present suit were parties to an earlier suit involving the same transaction, in which the same claims were, or could have been, presented, we conclude that summary judgment was properly entered on the basis of res judicata. See AGB Oil Co. v. Crystal Exploration & Production Co., 406 So. 2d 1165 (Fla. 3d DCA 1981), review denied, 413 So. 2d 875 (Fla.1982).

Affirmed.


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  • Ketola v. Ketola, 636 So. 2d 850 (Fla. 1st DCA 1994)
    …ng to consider and apply the “tender years” doctrine when performing the analysis required by section 61.13, Florida Statutes (1993), and reaching its decision to name the father as primary residential parent. She relies primarily on Usher v. Usher, 568 So. 2d 471 (Fla. 2d DCA 1990), Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975), and DeCamp v. Hein, 541 So. 2d 708 (Fla. 4th DCA), rev. denied, 551 So. 2d 461 (Fla.1989). We reject this argument because certain amendments now incorporated in subsection 61.13(2) hav…
  • Kuutti v. Tommi L. Kuutti, 645 So. 2d 80 (Fla. 4th DCA 1994)
    …al evaluation of the factors listed in subsection 61.13(3). Accordingly, the courts have no business perpetuating a court-made doctrine of preference that is patently inconsistent with this policy. To the extent that the decisions in Usher v. Usher [568 So. 2d 471] [(1990)] and DeCamp v. Hein may be inconsistent with [*83] our construction and application of subsection 61.13(2), we decline to follow them. 636 So. 2d at 852. While we recognize that the result in DeCamp can stand on its own merits independent…
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  • Johnson v. Adair, 884 So. 2d 1169 (Fla. 2d DCA 2004)
    …s. The trial court may receive additional evidence if necessary. Reversed and remanded. CASANUEVA and VILLANTI, JJ., concur. . In Ketola, the First District noted that its decision may be inconsistent with this court's decision in Usher v. Usher, 568 So. 2d 471 (Fla. 2d DCA 1990), and later, the Fourth District acknowledged that its opinion in Kuutti possibly conflicted with Usher. See Kuutti, 645 So. 2d at 83; Ketola, 636 So. 2d at 852. Because the discussion in Usher of the “tender years” doctrine was di…

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