AMERICAN CONTINENTAL, INC., A FLORIDA CORPORATION, AND NAT J. GREB, APPELLANTS,
v.
DAVID M. BLOOMBERG AND ROBERT L. BLOOMBERG, APPELLEES

Fla. | 1956-07-25
' TERRELL, Acting C. J., THORNAD and BUFORD, JJ., and CROSBY, Associate Justice, concur.
89 So. 2d 503 Florida Supreme Court (1956) Negative Treatment
Cited by 160 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of Corsentina v. McPherson, 111 Fla. 616, 150 So. 609.

' TERRELL, Acting C. J., THORNAD and BUFORD, JJ., and CROSBY, Associate Justice, concur.


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  • Fla. Dep't OF Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)
    …s supplied) (quoting Wade v. Clower, 94 Fla. 817, 114 So. 548, 552 (1927)). Based on principles of res judicata, a judgment on the merits will thus bar “a subsequent action between the same parties on the same cause of action.” Youngblood v. Taylor, 89 So. 2d 503, 505 (Fla.1956) (emphasis supplied). Importantly, the doctrine of res judicata not only bars issues that were raised, but it also precludes consideration of issues that could have been raised but were not raised in the first case. See id. As explai…
  • Markert v. Johnston, 367 So. 2d 1003 (Fla. 1978)
    …to them that Shingleton created a substantive right. . See In re Florida Rules of Criminal Procedure, 272 So. 2d 65, 66 (Fla.1972) (Adkins, J., concurring), characterizing steps in the course of litigation as “procedural.” . Youngblood v. Taylor, 89 So. 2d 503 (Fla.1956).…
  • Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)
    …t sue by his next friend; however, the next friend does not become a party to the suit. Brown v. Caldwell, 389 So. 2d 287, 288 (Fla. 1st DCA 1980). Where the next friend brings the suit, the minor is the real party in interest. Youngblood v. Taylor, 89 So. 2d 503, 506 (Fla.1956). This disability of nonage has been described as procedural, rather than jurisdictional, in character because if a minor mistakenly brings an action in his own name such defect can be cured by the subsequent appointment of a next fr…

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