DIXIE AUTO TRANSPORT COMPANY, INC. AND WENDOL D. PHELPS, APPELLANTS,
v.
CLYDE AVON LOUTTIT, APPELLEE

Fla. 2d DCA | 1991-11-01
No. 90-03667
RYDER, A.C.J., and PATTERSON, J., concur.
588 So. 2d 68 Florida District Court of Appeal, Second District (1991) Negative Treatment
Cited by 6 cases
Opinion of the Court
HALL, Judge.

HALL, Judge.

The appellants contend the trial court erred in granting summary judgment in favor of the appellee on the basis of collateral estoppel. The appellants argue the defensive use of collateral estoppel is inappropriate where there is no mutuality of parties. We disagree and affirm based on Zeidwig v. Ward, 548 So. 2d 209 (Fla.1989), and Verhagen v. Arroyo, 552 So. 2d 1162 (Fla. 3d DCA 1989).

RYDER, A.C.J., and PATTERSON, J., concur.

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  • United Servs. Auto. Ass'n v. Selz, 637 So. 2d 320 (Fla. 4th DCA 1994)
    …trial court at that time. The current writings on the issue of defensive collateral estoppel have properly arisen at the appellate level following summary final judgment. Zeidmg v. Ward, 548 So. 2d 209 (Fla.1989); Dixie Auto Transp. Co. v. Lout-tit, 588 So. 2d 68 (Fla. 2d DCA 1991); Hoch-stadt v. Orange Broadcast, 588 So. 2d 51 (Fla. 3d DCA 1991); Verhagen v. Arroyo, 552 So. 2d 1162 (Fla. 3d DCA 1989), rev. denied, 574 So. 2d 144 (Fla.1990); Keramati v. Schackow, 553 So. 2d 741 (Fla. 5th DCA 1989). Turning…
  • 5F, LLC v. Dresing, 142 So. 3d 936 (Fla. 2d DCA 2014)
    …in an area annexed by the city, the issue in both cases involved the same real property, namely, the annex. An exception to the mutuality of parties requirement was also applied in the three-line opinion in Dixie Auto Transport Co., Inc. v. Louttit, 588 So. 2d 68 (Fla. 2d DCA 1991). However, in recognizing the exception, this court cited Zeidwig and a Third District case, Verhagen v. Arroyo, 552 So. 2d 1162 (Fla. 3d DCA 1989). The Dres-ings concede that the very narrow exception recognized in Zeidwig is not…
  • LEE v. Gadasa Corp., 680 So. 2d 1107 (Fla. 1st DCA 1996)
    …ve defenses and counterclaim in the present ease. The trial court stated that identity of parties was not required for the doctrine to apply, relying on Verhagen v. Arroyo, 552 So. 2d 1162 (Fla. 3d DCA 1989), and Dixie Auto Transport Co. v. Louttit, 588 So. 2d 68 (Fla. 2d DCA 1991), as authority for that proposition. More recent case law convinces us that the trial court’s interpretation of the doctrine of collateral estoppel in Florida is incorrect. In Stogniew v. McQueen, 656 So. 2d 917, 919 (Fla.1995), t…

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