DEXTER JACKSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Prof'l Roofing & Sales, Inc. v. Flemmings, 138 So. 3d 524 (Fla. 3d DCA 2014)
  …A 1996). The critical element that is missing in this case as to both of these doctrines is mutuality of parties because the State of Florida, not Flemmings, was the opposing party to Alvarez in the criminal prosecution. See, e.g., Massey v. David, 831 So. 2d 226, 232 (Fla. 1st DCA 2002) (“In order for res judicata or collateral estoppel ... to [*528] apply, Florida requires ‘mutuality’ and ‘identity of parties.’ Identity of parties and mutuality do not exist unless the same parties or their privies particip…
• Amec Civil, LLC v. PTG Constr. Servs. Co., 106 So. 3d 455 (Fla. 1st DCA 2012)
  …ntracting parties.” Radie v. Allstate Ins. Co., 758 F.Supp. 1464, 1467 (M.D.Fla.1991). Further, identity of parties exists if the third parties [PTG & Parsons], as here, had indemnity obligations to the Department of Transportation. Massey v. David, 831 So. 2d 226, 233 (Fla. 1st DCA 2002). AFFIRMED. VAN NORTWICK, LEWIS, and SWANSON, JJ., concur.…
• Ritch v. State, 14 So. 3d 1104 (Fla. 1st DCA 2009)
  …v. Katz, 731 So. 2d 1268, 1269-70 (Fla.1999). “Identity of parties and mutuality do not exist unless the same parties or their privies participated in prior litigation that eventuated in a judgment by which they are mutually bound.” Massey v. David, 831 So. 2d 226, 232 (Fla. 1st DCA 2002). See Stogniew, 656 So. 2d at 919 (“[Ujnless both parties are bound by the prior judgment, neither may use it in a subsequent action.”). The state was not a party, and was not bound by the judgment entered, in the civil proce…

Authorities Cited

• State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)