CALDER RACE COURSE, INC., A FLORIDA CORPORATION, AND TROPICAL PARK, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, AN AGENCY OF THE STATE OF FLORIDA; INVESTMENT CORPORATION OF PALM BEACH, A FLORIDA CORPORATION; AND DAYTONA BEACH KENNEL CLUB, INC., A FLORIDA CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted a writ of mandamus to appoint counsel for a civilly committed individual who sought release or counsel, but denied his petition for habeas corpus for release due to his refusal to participate in annual evaluations.
The court granted the petition for a writ of mandamus to order the trial court to appoint counsel but denied the petition for a writ of habeas corpus for release.
Stephen Allen, civilly committed as a sexually violent predator, sought habeas corpus for release or mandamus for appointed counsel. He refused to par…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Appellants seek review of a final order dismissing their complaint with prejudice, as barred by res judicata and collateral estoppel. Because we conclude that neither the affirmative defense of res judicata nor that of collateral estoppel is conclusively demonstrated within the four corners of the complaint, we hold that it was error to dismiss the complaint with prejudice as barred by either defense. See, e.g., Liv ingston v. Spires, 481 So. 2d 87 (Fla. 1st DCA 1986). Accordingly, we reverse, and remand for further proceedings.
REVERSED and REMANDED, with directions.
BOOTH, WEBSTER and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
MDM Chiropractic v. Prorgressive (15th Cir. Ct. App. Div. 2013)
Authorities Cited
- Livingston v. Spires, 481 So. 2d 87 (Fla. 1st DCA 1986)