VALLEN JAMES TRUMPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; JAMES LESTER THOMAS, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. | 1977-12-08
Nos. 51056 and 51145
OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., and DREW (Retired), J., concur.
354 So. 2d 372 Florida Supreme Court (1977) Caution
Cited by 152 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Laird v. State, 342 So. 2d 962 (Fla.1977).

OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., and DREW (Retired), J., concur.


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  • …pel bars relit-igation. Petitioner’s Initial Brief at 39, 40. Collateral estoppel is a judicial doctrine which in general terms prevents identical parties from relitigating the same issues that have already been decided. Mobil Oil Corp. v. Shevin, 354 So. 2d 372, 374 (Fla.1977). The essential elements of the doctrine are that the parties and issues be identical, and that the particular matter be fully litigated and determined in a contest which results in a final decision of a court of competent jurisdictio…
  • …2d 892 (1942). However, the well established rule in Florida has been and continues to be that collateral estoppel may be asserted only when the identical issue has been litigated between the same parties or their privies. Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla.1977); Universal Construction Co. v. City of Ft. Lauderdale, 68 So. 2d 366 (Fla.1953). The question presented by the district court, however, further limits our inquiry to the use of a criminal conviction as conclusive proof of the facts under…
  • Husky Indus., Inc. v. Griffith, 422 So. 2d 996 (Fla. 5th DCA 1982)
    …ppel are: (1) that the parties and issues be identical; 2 (2) that the particular matter be fully litigated and determined in a contest, (3) which results in a final decision, (4) in a court of competent jurisdiction. Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla.1977). Here, there is no doubt that the liability of Continental Can to Husky for their caps was previously litigated and determined in a court of competent jurisdiction. Furthermore, both the parties and the issues are identical, thereby allo…

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