BRIAN GILLER, ETC.
v.
IRA GILLER, ETC.

Fla. 3d DCA | 2021-07-21
No. 20-0914
Raum
Florida District Court of Appeal, Third District (2021)

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Holding

Collateral estoppel applies when an identical issue has been litigated between the same parties and the matter was fully litigated and determined in a final court decision.


Headnotes

[1] Collateral estoppel precludes relitigation of an issue when the identical issue has been litigated between the same parties, the issue was fully litigated and determined,…

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Key Quotes

“collateral estoppel applies when the identical issue has been litigated between the same parties and the particular matter was fully litigated and determined in a contest that results in a final decision of a court of competent jurisdiction”

Court's statement of the legal standard for collateral estoppel

Facts & Procedural History

Brian Giller appealed a decision in a dispute with Ira Giller involving issues that had been previously litigated between the parties.…

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Opinion of the Court

PER CURIAM.

Affirmed. Paresky v. Miami-Dade Cnty. Bd. of Cnty. Comm'rs, 893 So. 2d 664, 665-66 (Fla. 3d DCA 2005) (stating that “collateral estoppel applies when the identical issue has been litigated between the same parties and the particular matter was fully litigated and determined in a contest that results in a final decision of a court of competent jurisdiction”) (citing Gentile v. Bauder, 718 So. 2d 781, 783 (Fla.1998); Dep't of Health & Rehab. Servs. v. B.J.M., 656 So. 2d 906, 910 (Fla.1995)); see also Mobil Oil Corp. v. Shevin, 354 So. 2d 372, 375 (Fla. 1977).


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