DON COLLINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Horowitz v. United Invs. Corp., 227 So. 2d 719 (Fla. 3d DCA 1969)
  …pplicable to the defense of res judicata have been set forth in Mims v. Reid, Fla. 1957, 98 So. 2d 498, and Rosenthal v. Scott, Fla.1961, 150 So. 2d 433. See also Equitable Fire and Marine Insurance Company v. Bradford Builders, Inc., Fla. App.1965, 174 So. 2d 44. We do not think a further extended discussion of the defense necessary. But we should point out that under the law of this state the doctrine of res judicata bars an action only if it clearly appears that that action [*722] could have been brought…
• Thomson McKINNON Sec., Inc. v. Kerrean Slater, 615 So. 2d 781 (Fla. 1st DCA 1993)
  …to prevail, the final judgment relied upon must reflect within its four corners that it was on the merits and is conclusive as to the second suit), cert. denied, 120 So. 2d 616 (Fla.1960); Equitable Fire & Marine Ins. Co. v. Bradford Builders, Inc., 174 So. 2d 44, 45 (Fla. 3d DCA) (“To support a defense of res judicata, it must be clear that the court in the previous action intended that the disposition there was to be without right to further proceedings by the plaintiff.”), cert. denied, 183 So. 2d 218 (Fl…
• W. Grp. Nurseries, Inc. v. Ergas, 167 F.3d 1354 (11th Cir. 1999)
  …t a defense of res judicata, it must be clear that the court in the previous action intended that the disposition there was to be without right to further proceedings by the plaintiff.” Equitable Fire & Marine Ins. Co. v. Bradford Builders, Inc., 174 So. 2d 44, 45 (Fla.Dist.Ct.App.1965). The Florida statute governing the award of attorney fees for filing frivolous lawsuits reads, in pertinent part: The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by th…

Authorities Cited

• Bridges v. State, 169 So. 2d 861 (Fla. 3d DCA 1964)