JEROME MORANCY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEROME MORANCY, APPELLANT,
STATE OF FLORIDA, APPELLEE
855 So. 2d 278
Florida District Court of Appeal, Fifth District (2003)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Jackson v. State, 847 So. 2d 1038 (Fla. 5th DCA 2003). We disagree with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), and certify conflict.
SHARP, W., and TORPY, JJ., concur. GRIFFIN, J., concurring specially, with opinion.
Concurrence
GRIFFIN, J.,
concurring specially.
Actually, I do not disagree with Green. My own view, like that of Judge Sawaya, is that Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), was wrongly decided, but since it is the law of this district, we must follow it. Pena v. State, 853 So. 2d 1120 (Fla. 5th DCA 2003); Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003).
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Sarasota Alliance FOR Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010)…t 1019. Similarly, in GLA & Assocs. v. City of Boca Raton, the Fourth District Court of Appeal found that a statute regulating state permits for dune rehabilitation projects did not preempt a local ordinance regulating coastal construction permits. 855 So. 2d 278 (Fla. 4th DCA 2003). The court cited a statutory provision specifically requiring the Department of Environmental Protection to give deference to local setback requirements or building codes that were equal to or more strict than the state standards…
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Dieter Zikofsky v. Mktg. 10, Inc., 904 So. 2d 520 (Fla. 4th DCA 2005)…different and it bars relitigation of specific issues — “that is to say points and questions” — that were actually litigated and decided in the former suit. See Gordon v. Gordon, 59 So. 2d 40, 44 (Fla.1952); GLA & Assoc., Inc. v. City of Boca Raton, 855 So. 2d 278, 281 (Fla. 4th DCA 2003). “Florida has traditionally required that there be a mutuality of parties in order for the doctrine to apply. Thus, unless both parties are bound by the prior judgment, neither may use it in a subsequent action.” E.C. v. Kat…
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City OF Jacksonville v. Smith, 159 So. 3d 888 (Fla. 1st DCA 2015)…e sole regulator); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011, 1019-20 (Fla. 2d DCA 2005) (finding that state fireworks regulation was not so pervasive as to suggest implied preemption); GLA & Assoc., Inc. v. City of Boca Raton, 855 So. 2d 278, 282 (Fla. 4th DCA 2003) (finding the Florida Beach and Shore Preservation Act did not so pervasively legislate the area of beach conservation as to preempt local protective ordinances); Palm Beach County v. BellSouth Telecomm., Inc., 819 So. 2d 876…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)
- Jackson v. State, 847 So. 2d 1038 (Fla. 5th DCA 2003)
- Fillyaw v. State, 853 So. 2d 590 (Fla. 5th DCA 2003)
- Pena v. State, 853 So. 2d 1120 (Fla. 5th DCA 2003)