HARRIS

v.

FLORIDA REAL ESTATE COMMISSION ET AL.

Citator

Cited By

• Virgil v. Wise, 399 So. 2d 500 (Fla. 4th DCA 1981)
  …use of action different from that involved in a subsequent action is not conclusive as to matters not litigated in the former action. (Footnotes omitted.) See also, Florida Real Estate Comm’n v. Harris, 134 So. 2d 785 (Fla.1961), appeal dismissed, 371 U.S. 7, 83 S.Ct. 19, 9 L.Ed.2d 47 (1962). Thus, a defendant who fails to raise an available defense will be precluded from arguing its existence in a subsequent action, even where the later action involves a different cause of action. Applying these princ…
• Sturdivan v. State, 676 So. 2d 508 (Fla. 3d DCA 1996)
  …new trial because of failure to instruct on lesser included offenses, but holding defendant’s claims concerning unconstitutional delay invalid on retrial), we affirm. See Florida Real Estate Comm’n v. Harris, 134 So. 2d 785 (Fla.1961), cert. denied, 371 U.S. 7, 83 S.Ct. 19, 9 L.Ed.2d 47, reh’g denied, 371 U.S. 906, 83 S.Ct. 203, 9 L.Ed.2d 167 (1962). Habeas corpus petitions cannot be used as a method of obtaining a second appeal of a previously affirmed judgement. Byrd v. Singletary, 655 So. 2d 67, 68 (F…
• Reynolds v. Wood, 563 So. 2d 212 (Fla. 3d DCA 1990)
  …PER CURIAM. Affirmed. Florida Real Estate Comm’n v. Harris, 134 So. 2d 785 (Fla. 1961), cert. denied, 371 U.S. 7, 83 S.Ct. 19, 9 L.Ed.2d 47 (1962); Cohen v. Cohen, 70 So. 2d 362, 363 (Fla.1954); Knabb v. Duner, 143 Fla. 92, 196 So. 456 (1940); McCutchen v. Hillman, 177 So. 2d 893 (Fla. 3d DCA 1965); Litt v. Jarson, 97 So. 2d 46 (Fla. 3d DCA 1957).…