RICHARD LYMAN PITT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (32 total)

• Dieter Zikofsky v. Mktg. 10, Inc., 904 So. 2d 520 (Fla. 4th DCA 2005)
  …ully invoke a res judicata defense, a party must satisfy two prerequisites. See Ludovici v. McKiness, 545 So. 2d 335, 337 (Fla. 3d DCA 1989). First, a judgment on the merits must have been rendered in a former suit. See, e.g., Tyson v. Viacom, Inc., 890 So. 2d 1205, 1209 (Fla. 4th DCA 2005) (en banc). Second, four identities must exist between the former suit and the suit in which res judi-cata is to be applied: “ ‘(1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of the per…
• Pearce v. Sandler, 219 So. 3d 961 (Fla. 3d DCA 2017)
  …cessfully invoke a res judicata defense, a party must satisfy two prerequisites. First, a judgment on the merits must have been rendered in a former suit. See Ludovici v. McKiness, 545 So. 2d 335, 337 (Fla. 3d DCA 1989); e.g., Tyson v. Viacom, Inc., 890 So. 2d 1205, 1209 (Fla. 4th DCA 2005) (en banc). Second, four identities must exist between the, former suit and the suit in which res judicata is to be applied: “ ‘(1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of the per…

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• Aronowitz v. Home Diagnostics, Inc., 174 So. 3d 1062 (Fla. 4th DCA 2015)
  …as incident to or essentially connected with the subject matter’ of the first litigation.” Zikofsky v. Mktg. 10, Inc., 904 So. 2d 520, 523 (Fla. 4th DCA 2005) (quoting Hay v. Salisbury, 92 Fla. 446, 109 So. 617, 621 (1926) and Tyson v. Viacom, Inc., 890 So. 2d 1205, 1214 (Fla. 4th DCA 2005) (Gross, J., concurring)) (quotation marks omitted). If the two causes of action fail to satisfy the identity test of res judicata, but the identity of parties and issues are present, collateral estoppel may be utilized. Se…

Authorities Cited

• Wood v. State, 750 So. 2d 592 (Fla. 1999)