STATE OF FLORIDA, APPELLANT,
v.
HARRIET BATES, APPELLEE
STATE OF FLORIDA, APPELLANT,
HARRIET BATES, APPELLEE
753 So. 2d 114
Florida District Court of Appeal, Fourth District (1998)
Negative Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Pursuant to Florida Rule of Appellate Procedure 9.315(b), this case is summarily reversed. See State v. Hayes, 720 So. 2d 1095, 1096 (Fla. 4th DCA 1998) and Johnson v. State, 23 Fla. L. Weekly D2419, D2420, — So. 2d —, —(Fla. 4th DCA Oct.28, 1998). As we did in Hayes and Johnson, we certify conflict with State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997) and State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998).
GUNTHER, WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)…LLS, ANSTEAD, LEWIS and QUINCE, JJ., concur. . See Wilson v. State, 724 So. 2d 696 (Fla. 5th DCA); review granted, 732 So. 2d 330 (Fla.1999), Harris v. State, 726 So. 2d 330 (Fla. 5th DCA), review granted, 732 So. 2d 326 (Fla.1999); State v. Bates, 753 So. 2d 114 (Fla. 4th DCA 1998), review granted, 741 So. 2d 1134 (Fla.1999); Swihart v. State, 721 So. 2d 810 (Fla. 5th DCA 1998), review granted, 729 So. 2d 394 (Fla.1999); State v. Falkenstein, 720 So. 2d 1143 (Fla. 4th DCA 1998), review granted, 729 So. 2d 3…
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Tyson v. Viacom, Inc., 890 So. 2d 1205 (Fla. 4th DCA 2005)…ore not a determination by a court of competent jurisdiction, on the merits or otherwise, of that claim. For that reason, res judicata, by definition, cannot bar the breach of contract claim raised in Tyson’s second complaint. See Froman v. Kirland, 753 So. 2d 114, 116 (Fla.4th DCA 1999)(“One of the requirements for res judicata to apply is that the claim must have been adjudicated on the merits. A voluntary dismissal without prejudice will not support a claim of res judieata.”)(internal citations omitted); s…1 / 2
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Hicks v. Wells Fargo Bank, N.A., 178 So. 3d 957 (Fla. 5th DCA 2015)…. The dispositive facts in this appeal are not in dispute. Because the earlier voluntary dismissal was not an adjudication on the merits, Evergrene Partners, Inc. v. Citibank, N.A., 148 So. 3d 964, 966 (Fla. 4th DCA 2014) (citing Froman v. Kirland, 753 So. 2d 114, 116 (Fla. 4th DCA 1999)), Bank was entitled to bring a later suit to foreclose on the note and mortgage. However, the suit must still be based on, an act of default within the,five-year statute of limitations period. See id. Here, Bank’s complaint…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
- The Agency FOR Health Care Admin. v. Palm Springs Gen. Hosp., Inc., 689 So. 2d 1268 (Fla. 1st DCA 1997)
- State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997)
- Hudson v. State Farm Mut. Auto. Ins. Co., 716 So. 2d 327 (Fla. 2d DCA 1998)
- State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998)