ARIANA GARCIA AND JOSE GARCIA, HER HUSBAND; METROPOLITAN DADE COUNTY; AND FLORIDA POWER AND LIGHT COMPANY, APPELLANTS,
v.
REDLAND CONSTRUCTION COMPANY AND THE CITY OF WEST MIAMI, APPELLEES
ARIANA GARCIA AND JOSE GARCIA, HER HUSBAND; METROPOLITAN DADE COUNTY; AND FLORIDA POWER AND LIGHT COMPANY, APPELLANTS,
REDLAND CONSTRUCTION COMPANY AND THE CITY OF WEST MIAMI, APPELLEES
621 So. 2d 762
Florida District Court of Appeal, Third District (1993)
Caution
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We reverse the final judgment in favor of defendant Redland Construction Co., Inc., holding that genuine issues of material fact remain unresolved as to Redland’s activities in the area where plaintiff Ariana Garcia fell and suffered injuries. See Moore v. Morris, 475 So. 2d 666 (Fla.1985); Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Gomez-Ortega v. Dorten, Inc., 670 So. 2d 1107 (Fla. 3d DCA 1996)…s’n, Inc. v. Dorten, Inc., 600 So. 2d 463 (Fla.1992) affirming in part 580 So. 2d 859 (Fla. 3d DCA 1991),1 and subsequent claims challenging the lease agreement have been barred by res judicata. Maison Grande Condominium Ass’n, Inc. v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993), review denied, 634 So. 2d 625 (Fla.1994). The general principle behind the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is absolute and puts to rest every justicia-ble, as well as actual…
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Charney v. Herskowitz, 689 So. 2d 1101 (Fla. 3d DCA 1997)…risdiction was raised in and decided by the Supreme Court of New York. As such, pursuant to the doctrine of res judicata, the Herskowitzes are barred from relitigating that issue once again. See Maison Grande Condominium Ass’n, Inc. v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993), review denied, 634 So. 2d 625 (Fla. 1994); Alvarez v. Alvarez, 598 So. 2d 162 (Fla. 3d DCA 1992). Accordingly, we reverse.…
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Braulia Concepcion v. Concepcion, 622 So. 2d 557 (Fla. 3d DCA 1993)…upon the occurrence of four conditions: identity of the thing sued for; identity of cause of action; identity of parties; identity of the quality in the person for or against whom the claim is made.” Maison Grande Condo. Ass’n, Inc. v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993) (citing Albrecht v. State, 444 So. 2d 8, 12 (Fla.1984)). Plaintiff correctly asserts that identity of causes of action is not present in this case: the lawsuit against each defendant rests on a separate ground for liability. Accor…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)