PIERRE RICHARD STANICLAS
v.
DERIC L. BOGRAN
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A defaulting defendant's default, though an admission of the complaint's allegations against that defendant, does not operate as an admission of those allegations against a contesting co-defendant.
[1] The default of one defendant in a civil action, although constituting an admission of the complaint's allegations as to that defendant, does not operate as an admission o…
[2] Collateral estoppel does not apply where the case upon which the estoppel claim is based remains at issue, as the doctrine requires a matter to be fully litigated and det…
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Join FLexlaw to unlock all legal intelligenceAppellant Pierre Richard Staniclas appealed from a circuit court judgment in Miami-Dade County involving multiple defendants, including Deric L. Bogra…
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PER CURIAM.
Affirmed. See Dade Cnty. v. Lambert, 334 So. 2d 844, 847 (Fla. 3d DCA 1976) (applying rule that “default of one defendant, although an admission by him of the allegations of the complaint, does not operate as an admission of such allegation as against a contesting co-defendant” notwithstanding that non-defaulted defendant’s liability was vicarious to defaulting defendant’s negligence); Ridard v. Massa Inv. Grp., LLC, 337 So. 3d 862, 865 (Fla. 3d DCA 2022) (“The doctrine of collateral estoppel does not apply where, as here, the case on which the estoppel claim is based is still at issue. . . . Necessarily, ‘the particular matter must be fully litigated and determined in a contest that results in a final decision of a court of competent jurisdiction.’” (quoting Bradenton Group, Inc. v. State, 970 So. 2d 403, 408 (Fla. 5th DCA 2007))); Bistline v. Rogers, 215 So. 3d 607, 611 (Fla. 4th DCA
2017) (“[Section 768.72, Florida Statutes] requires the trial court to act as a gatekeeper and precludes a claim for punitive damages where there is no reasonable evidentiary basis for recovery.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dade Cnty. v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976)
- Jane Bistline, M.D. v. Rogers, 215 So. 3d 607 (Fla. 4th DCA 2017)
- Offord v. State, 970 So. 2d 403 (Fla. 3d DCA 2007)
- Staniclas v. Gamarnik (Fla. 3d DCA 2023)