MATTEO RUSSONIELLO, APPELLANT,

v.

HAMILTON BANK, N.A., APPELLEE

Citator

Cited By

• Fla. Dep't OF Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)
  …the case doctrine may foreclose subsequent consideration of issues implicitly addressed or necessarily considered by the appellate court’s decision. See Dade County Classroom Teachers’ Ass’n v. Rubin, 238 So. 2d 284, 289 (Fla.1970); Dicks v. Jenne, 740 So. 2d 576, 578 (Fla. 4th DCA 1999). A corollary of the law of the case doctrine is that a lower court is not precluded from passing on issues that “have not necessarily been determined and become law of the case.” Greene, 384 So. 2d at 27. As stated in Wilde…
• Wendel v. Wendel, 852 So. 2d 277 (Fla. 2d DCA 2003)
  …in the trial court through all subsequent stages of the proceedings. Fla. Dep’t of Transp. v. Juliano, 801 So. 2d 101, 105 (Fla.2001); Dade County Classroom Teachers’ Ass’n v. Rubin, 238 So. 2d 284, 289 (Fla.1970); Dicks ex rel. Montgomery v. Jenne, 740 So. 2d 576, 577 (Fla. 4th DCA 1999).. This includes questions of law that were implicitly addressed or necessarily considered. Juliano, 801 So. 2d at 106; Rubin, 238 So. 2d at 289; Dicks, 740 So. 2d at 578. In this case, this court “necessarily considered” th…
• Chicago Title Ins. Co. v. Alday-Donalson Title Co. OF Fla., Inc., 832 So. 2d 810 (Fla. 2d DCA 2002)
  …and the appellate court through all subsequent stages of the proceedings. Dep’t of Trcmsp. v. Juliano, 801 So. 2d 101, 105 (Fla.2001); Dade County Classroom Teachers’ Ass’n v. Rubin, 238 So. 2d 284, 289 (Fla.1970); Dicks ex rel. Montgomery v. Jenne, 740 So. 2d 576, 577 (Fla. 4th DCA 1999). This court has already ruled that the dismissal of the counts against Alday and Donalson is not reviewable while Al-day and Donalson are still parties to the litigation below. The record shows that nothing about the case ag…

Authorities Cited

• Kinney Sys., Inc. v. The Cont'l Ins. Co., 674 So. 2d 86 (Fla. 1996)
• Ciba-Geigy Ltd. v. The Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA 1997)