STATE OF FLORIDA, PETITIONER,

v.

CHARLES HOGAN, RESPONDENT

Citator

Cited By (17 total)

• State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
  …action. Juliano, 801 So. 2d at 105 (quoting Kimbrell v. Paige, 448 So. 2d 1009, 1012 (Fla.1984)). Thus, under res judicata, a judgment on the merits bars a subsequent action between the same parties on the same cause of action. See Denson v. State, 775 So. 2d 288, 290 (Fla.2000) (applying res judicata to deny a habeas petition where the defendant had raised the same claim in a 3.800 motion decided against him on the merits and the defendant had exhausted all appropriate appellate review). Res ju-dicata, howe…
• Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009)
  …eless, the concept of fundamental error was never intended to provide litigants with a means to circumvent the type of procedural bar that occurs when the exact claim has already been decided on the merits and is thus res judicata. Denson v. State, 775 So. 2d 288, 290 (Fla.2000). Footnote two of this quote explained: “There are many types of procedural bars, and we do not attempt to define them all in this decision. For our purposes today, by procedural bar we simply mean that a litigant is prevented from ha…
• Topps v. State, 865 So. 2d 1253 (Fla. 2004)
  …r has already been decided, the petitioner has already had his or her day in court, and for purposes of judicial economy, that matter generally will not be reexamined again in any court (except, of course, for appeals by right). See Denson v. State, 775 So. 2d 288, 290 n. 3 (Fla.2000). The doctrine of res judicata applies when four identities are present: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties to the action; and (4) identity of the quality…

Authorities Cited

• State v. Flanagan, 578 So. 2d 371 (Fla. 4th DCA 1991)
• Highsmith v. State, 580 So. 2d 234 (Fla. 1st DCA 1991)
• Hogan v. State, 753 So. 2d 570 (Fla. 4th DCA 1999)