PALM AFC HOLDINGS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, GEORGE WEBB, IN HIS CAPACITY AS PALM BEACH COUNTY ENGINEER AND NOT INDIVIDUALLY, AND MINTO COMMUNITIES, INC., APPELLEES
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Palm AFC Holdings appealed a judgment on the pleadings dismissing its claims against Minto Communities based on res judicata stemming from an earlier appellate decision. The court reversed, holding that res judicata did not apply because the prior case involved different parties (Palm Beach County, not Minto), and collateral estoppel could not substitute for the missing identity of parties requirement.
The court held that res judicata did not apply because the case failed the identity of parties test—the prior decision addressed only claims against Palm Beach County, not Minto Communities. Collateral estoppel also could not apply because it requires identity of parties, which was absent here.
[1] Res judicata requires identity of the thing sued for, the cause of action, the persons and parties, and the quality or capacity of the persons for or against whom the cla…
[2] A prior ruling on an appeal concerning claims against a governmental entity does not bar subsequent claims against a private party based on res judicata.
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Join FLexlaw to unlock all legal intelligence“In order for res judicata to apply four identities must be present: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties; and (4) identity of the quality or capacity of the persons for or against whom the claim is made.”
Establishes the four-part test for res judicata that the Circuit Court failed to properly apply.
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Join FLexlaw to unlock all legal intelligencePalm AFC Holdings filed a complaint with multiple counts, including damage claims against Palm Beach County (Counts 1-4) and, by implication, other de…
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[*704] POLEN, C.J.
Appellant Palm AFC Holdings, Inc. timely appeals the Circuit Court’s entry of Judgment on the Pleadings in favor of Minto Communities. We find the Circuit Court’s entry of Judgment on the Pleadings based on res judicata was error, and accordingly, reverse.
Our review of the record reveals the Judgment on the Pleadings was based on res judicata, regarding this court’s earlier opinion in Palm AFC Holdings, Inc. v. Minto Communities, Inc., 766 So. 2d 436 (Fla. 4th DCA 2000) 1 Our prior opinion merely addressed the legal viability of appellant’s damage claims against Palm Beach County. Appellant had attempted to appeal the Circuit Court’s dismissal of Counts 1 through 4 of its complaint, its damage claims against Palm Beach County. We held appellant’s appeal was untimely, and dismissed the appeal for lack of jurisdiction.
We hold the Circuit Court erred in finding appellant’s damage claims against appellee Minto were barred by res judicata. In order for res judicata to apply four identities must be present: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties; and (4) identity of the quality or capacity of the persons for or against whom the claim is made. State of Wisconsin on Behalf of North v. Martorella, 670 So. 2d 1161, 1162 (Fla. 4th DCA 1996). We find the instant case fails to meet the identity of parties test, where our prior decision merely addressed appellant’s claims against the County.
We also reject appellee’s request that we affirm the Judgment on the Pleadings on the grounds of collateral estoppel. Collateral estoppel may be employed where two causes of action fail to meet the identity test, but the other identities are present, ie., identity of parties and issues. See Brown v. State, 397 So. 2d 320, 322 (Fla. 2d DCA 1981). As discussed, supra, the instant case fails to meet the identity of parties test.
We accordingly reverse and remand for further proceedings.
REVERSED and REMANDED.
GUNTHER and WARNER, JJ., concur. . Minto, as an interested party, had moved to have the appeal against Palm Beach County dismissed. Id. at 437 n. 1.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)…persons and parties to the action, and identity of quality in persons for or against whom claim is made.” McGregor v. Provident Trust Co. of Philadelphia, 119 Fla. 718, 162 So. 323, 328 (1935); see also Palm AFC Holdings, Inc. v. Palm Beach County, 807 So. 2d 703, 704 (Fla. 4th DCA 2002); State Dep’t of Revenue v. Ferguson, 673 So. 2d 920, 922 (Fla. 2d DCA 1996). I suggest that there is no question that the doctrine of res judicata applies in the present case. Here, McBride’s initial and subsequent rule 3.80…
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Topps v. State, 865 So. 2d 1253 (Fla. 2004)…nd parties to the action; and (4) identity of the quality of the persons for or against whom the claim is made. See McGregor v. Provident Trust Co. of Philadelphia, 119 Fla. 718, 162 So. 323, 328 (1935); Palm AFC Holdings, Inc. v. Palm Beach County, 807 So. 2d 703, 704 (Fla. 4th DCA 2002). The doctrine of collateral estoppel (or issue preclusion), also referred to as estoppel by judgment, is a related but different concept. In Florida, the doctrine of collateral estoppel bars relitigation of the same issues…
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Tyson v. Viacom, Inc., 890 So. 2d 1205 (Fla. 4th DCA 2005)…thing sued for; (2) identity of the cause of action; (8) identity of the persons and parties; and (4) identity of the quality or capacity of the persons for or against whom the claim is made.” See, e.g., Palm AFC Holdings, Inc. v. Palm Beach County, 807 So. 2d 703, 704 (Fla. 4th DCA 2002). “ ‘Identity of the causes of action is established where the facts which are required to maintain both actions are identical.’ ” Gold v. Bankier, 840 So. 2d 395, 397 (Fla. 4th DCA 2003) (quoting Cole v. First Dev. Corp. of…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 397 So. 2d 320 (Fla. 2d DCA 1981)
- State OF Wis. v. Lou Martorella, 670 So. 2d 1161 (Fla. 4th DCA 1996)
- Palm AFC Holdings, Inc. v. Minto Cmtys., Inc., 766 So. 2d 436 (Fla. 4th DCA 2000)