Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
31 Florida opinions name it 2 courts 1955–2014 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gordon v. Gordongreen2 sentences1996As the supreme court bluntly noted in Gordon v. Gordon, 59 So.2d 40, 44 (Fla.1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952), the doctrine of estoppel by judgment, or collateral estoppel, “rests upon equitable principles.” We note, however, that Judge Carney found little equity — much less an estoppel — in defendant’s contention. 1956In Gordon v. Gordon, Fla., 59 So.2d 40, 44 , we undertook to distinguish between the two doctrines and said that under res judicata a final judgment or decree not only bars a later suit "between the same parties based upon the same cause of action" but also upon matters that "could have been raised" while under the doctrine of estoppel by judgment, the two causes of action might be different and the judgment or decree in the first would only estop the "parties from litigating in the second suit issues that is to say points and questions common to both causes of action and which were actual | 3 | 6 |
Seaboard Coast Line R. Co. v. Coxgreen2 sentences1992Krug v. Meros, 468 So.2d 299 (Fla. 2d DCA), rev. denied, 480 So.2d 1295 (Fla.1985); Seaboard Coast Line R.R. v. Cox, 338 So.2d 190 (Fla.1976). 1985See generally, Seaboard Coastline Railroad Co. v. Cox, 338 So.2d 190 (Fla.1976); City of Hialeah Gardens v. Prieto, 353 So.2d 200 (Fla. 3d DCA 1977); Zurich Insurance Co. v. Bartlett, 352 So.2d 921 (Fla. 2d DCA 1977). | 2 | 3 |
Krug v. Merosgreen2 sentences2014See Haskin v. Haskin, 781 So.2d 431, 482 (Fla. 4th DCA 2001); Krug v. Meros, 468 So.2d 299, 303 (Fla. 2d DCA 1985) (“[W]e note that the doctrine of estoppel by judgment does not apply where unanticipated subsequent events create a new legal situation.”). “[T]he determination of whether a significant change in circumstances has occurred lies primarily within the discretion of the administrative agency.” Delray Med. 1992Krug v. Meros, 468 So.2d 299 (Fla. 2d DCA), rev. denied, 480 So.2d 1295 (Fla.1985); Seaboard Coast Line R.R. v. Cox, 338 So.2d 190 (Fla.1976). | 1 | 2 |
Miller v. E. I. duPont de Nemours & Co.green2 sentences1996As the supreme court bluntly noted in Gordon v. Gordon, 59 So.2d 40, 44 (Fla.1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952), the doctrine of estoppel by judgment, or collateral estoppel, “rests upon equitable principles.” We note, however, that Judge Carney found little equity — much less an estoppel — in defendant’s contention. 1991See Gordon v. Gordon, 59 So.2d 40, 43-44 (Fla. 1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 2 |
Gordon v. Gordongreen2 sentences1996As the supreme court bluntly noted in Gordon v. Gordon, 59 So.2d 40, 44 (Fla.1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952), the doctrine of estoppel by judgment, or collateral estoppel, “rests upon equitable principles.” We note, however, that Judge Carney found little equity — much less an estoppel — in defendant’s contention. 1991See Gordon v. Gordon, 59 So.2d 40, 43-44 (Fla. 1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 2 |
State Ex Rel. Hay v. Farnumgreen2 sentences1996As the supreme court bluntly noted in Gordon v. Gordon, 59 So.2d 40, 44 (Fla.1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952), the doctrine of estoppel by judgment, or collateral estoppel, “rests upon equitable principles.” We note, however, that Judge Carney found little equity — much less an estoppel — in defendant’s contention. 1991See Gordon v. Gordon, 59 So.2d 40, 43-44 (Fla. 1952), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 2 |
Delray Medical Center, Inc. v. State Agency for Health Care Administrationgreen1 sentence2014Ctr., Inc. v. State Agency for Health Care Admin., 5 So.3d 26, 29 (Fla. 4th DCA 2009). | 1 | 1 |
Haskin v. Haskingreen1 sentence2014See Haskin v. Haskin, 781 So.2d 431, 482 (Fla. 4th DCA 2001); Krug v. Meros, 468 So.2d 299, 303 (Fla. 2d DCA 1985) (“[W]e note that the doctrine of estoppel by judgment does not apply where unanticipated subsequent events create a new legal situation.”). “[T]he determination of whether a significant change in circumstances has occurred lies primarily within the discretion of the administrative agency.” Delray Med. | 1 | 1 |
Cromwell v. County of Sacgreen1 sentence1992See Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973) (duty of support owed by noncustodial mother is "equal"); Condon v. Condon, 295 So.2d 681, 683 (Fla. 1st DCA 1974) ("It is inescapable that the duty of support is owed by both natural parents"); Cronebaugh v. Van Dyke, 415 So.2d 738, 741 (Fla. 5th DCA 1982), rev. denied 426 So.2d 25 (Fla. 1983) (parental support duty "is independent of any settlement agreement made attendant upon dissolution"). [1] If the claims are not identical, then the doctrine of estoppel by judgment would apply, and the prior order would operate "as an estoppel only | 1 | 1 |
Cronebaugh v. Van Dykegreen1 sentence1992See Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973) (duty of support owed by noncustodial mother is "equal"); Condon v. Condon, 295 So.2d 681, 683 (Fla. 1st DCA 1974) ("It is inescapable that the duty of support is owed by both natural parents"); Cronebaugh v. Van Dyke, 415 So.2d 738, 741 (Fla. 5th DCA 1982), rev. denied 426 So.2d 25 (Fla. 1983) (parental support duty "is independent of any settlement agreement made attendant upon dissolution"). [1] If the claims are not identical, then the doctrine of estoppel by judgment would apply, and the prior order would operate "as an estoppel only | 1 | 1 |
Condon v. Condongreen1 sentence1992See Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973) (duty of support owed by noncustodial mother is "equal"); Condon v. Condon, 295 So.2d 681, 683 (Fla. 1st DCA 1974) ("It is inescapable that the duty of support is owed by both natural parents"); Cronebaugh v. Van Dyke, 415 So.2d 738, 741 (Fla. 5th DCA 1982), rev. denied 426 So.2d 25 (Fla. 1983) (parental support duty "is independent of any settlement agreement made attendant upon dissolution"). [1] If the claims are not identical, then the doctrine of estoppel by judgment would apply, and the prior order would operate "as an estoppel only | 1 | 1 |
Birge v. Simpsongreen1 sentence1992See Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973) (duty of support owed by noncustodial mother is "equal"); Condon v. Condon, 295 So.2d 681, 683 (Fla. 1st DCA 1974) ("It is inescapable that the duty of support is owed by both natural parents"); Cronebaugh v. Van Dyke, 415 So.2d 738, 741 (Fla. 5th DCA 1982), rev. denied 426 So.2d 25 (Fla. 1983) (parental support duty "is independent of any settlement agreement made attendant upon dissolution"). [1] If the claims are not identical, then the doctrine of estoppel by judgment would apply, and the prior order would operate "as an estoppel only | 1 | 1 |
TRUCKING EMP. OF N. JERSEY WELFARE FUND, INC. v. Romanogreen1 sentence1990See, Trucking Employees of North Jersey Welfare Fund, Inc. v. Romano, 450 So.2d 843 (Fla.1984). | 1 | 1 |
Ashe v. Swensongreen2 sentences1987See Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970). 1987See Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970). | 1 | 1 |
| Remington Construction Co. v. Hamilton Electric, Inc.green | 1 | 1 |
| Gray v. Graygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Seaboard Coast LR Co. v. Industrial Contracting Company
green
2 sentences1986Seaboard Coast Line Railroad v. Industrial Contracting Company, 260 So.2d 860 (Fla. 4th DCA 1972). 1985Gordon ; Prall v. Prall, 50 So. 867 (Fla. 1909); Sun State Roofing Co.; Seaboard Coast Line R.R. v. Industrial Contracting Co., 260 So.2d 860 (Fla. 4th DCA 1972); Stone v. Stone, 111 So.2d 486 (Fla. 3d DCA 1959). | 3 | 1977–1986 |
Zurich Ins. Co. v. Bartlett
green
2 sentences1986Zurich Insurance Company v. Bartlett, 352 So.2d 921 (Fla. 2d DCA 1977). 1985See generally, Seaboard Coastline Railroad Co. v. Cox, 338 So.2d 190 (Fla.1976); City of Hialeah Gardens v. Prieto, 353 So.2d 200 (Fla. 3d DCA 1977); Zurich Insurance Co. v. Bartlett, 352 So.2d 921 (Fla. 2d DCA 1977). | 2 | 1985–1986 |
Universal Const. Co. v. City of Fort Lauderdale
green
2 sentences1972The distinction between the two has recently received the attention of the Court, in Gordon v. Gordon, Fla., 59 So.2d 40 ; Donahue v. Davis, Fla., 68 So.2d 163 , and Universal Const. Co. v. City of Fort Lauderdale, Fla., 68 So.2d 366 . 1955The distinction between the two has recently received the attention of the Court, in Gordon v. Gordon, Fla., 59 So.2d 40 ; Donahue v. Davis, Fla., 68 So.2d 163 , and Universal Const. Co. v. City of Fort Lauderdale, Fla., 68 So.2d 366 . | 2 | 1955–1972 |
Donahue v. Davis
green
2 sentences1972The distinction between the two has recently received the attention of the Court, in Gordon v. Gordon, Fla., 59 So.2d 40 ; Donahue v. Davis, Fla., 68 So.2d 163 , and Universal Const. Co. v. City of Fort Lauderdale, Fla., 68 So.2d 366 . 1955The distinction between the two has recently received the attention of the Court, in Gordon v. Gordon, Fla., 59 So.2d 40 ; Donahue v. Davis, Fla., 68 So.2d 163 , and Universal Const. Co. v. City of Fort Lauderdale, Fla., 68 So.2d 366 . | 2 | 1955–1972 |
Mobil Oil Corp. v. Shevin
green
1 sentence1992Mobil Oil Corp. v. Shevin, 354 So.2d 372 (Fla. 1977). | 1 | 1992–1992 |
City of Hialeah Gardens v. Prieto
green
1 sentence1985See generally, Seaboard Coastline Railroad Co. v. Cox, 338 So.2d 190 (Fla.1976); City of Hialeah Gardens v. Prieto, 353 So.2d 200 (Fla. 3d DCA 1977); Zurich Insurance Co. v. Bartlett, 352 So.2d 921 (Fla. 2d DCA 1977). | 1 | 1985–1985 |
Hialeah Race Course, Inc. v. GULFSTREAM PK. R. ASS'N
green
1 sentence1985Hialeah Race Course, Inc. v. Gulfstream Park Racing Association, 245 So.2d 625 (Fla. 1971); Wagner v. Baron, 64 So.2d 267 (Fla. 1953). | 1 | 1985–1985 |
Allstate Ins. Co. v. ADH, INC.
green
1 sentence1985Prall ; Architectural Research, Inc. v. Stetson, 444 So.2d 973 (Fla. 4th DCA 1983), petition for review denied, 453 So.2d 45 (Fla. 1984); Freehling v. MGIC Financial Corp., 437 So.2d 191 (Fla. 4th DCA 1983); Sun State Roofing Co.; Allstate Insurance Co. v. A.D.H., Inc., 397 So.2d 928 (Fla. 3d DCA 1981); Seaboard Coast Line R.R. v. Industrial Contracting Co .; Stone. | 1 | 1985–1985 |
Wagner v. Baron
green
1 sentence1985Hialeah Race Course, Inc. v. Gulfstream Park Racing Association, 245 So.2d 625 (Fla. 1971); Wagner v. Baron, 64 So.2d 267 (Fla. 1953). | 1 | 1985–1985 |
Freehling v. MGIC Financial Corp.
green
1 sentence1985Prall ; Architectural Research, Inc. v. Stetson, 444 So.2d 973 (Fla. 4th DCA 1983), petition for review denied, 453 So.2d 45 (Fla. 1984); Freehling v. MGIC Financial Corp., 437 So.2d 191 (Fla. 4th DCA 1983); Sun State Roofing Co.; Allstate Insurance Co. v. A.D.H., Inc., 397 So.2d 928 (Fla. 3d DCA 1981); Seaboard Coast Line R.R. v. Industrial Contracting Co .; Stone. | 1 | 1985–1985 |
Stone v. Stone
green
1 sentence1985Gordon ; Prall v. Prall, 50 So. 867 (Fla. 1909); Sun State Roofing Co.; Seaboard Coast Line R.R. v. Industrial Contracting Co., 260 So.2d 860 (Fla. 4th DCA 1972); Stone v. Stone, 111 So.2d 486 (Fla. 3d DCA 1959). | 1 | 1985–1985 |
Architectural Research, Inc. v. Stetson
neutral
1 sentence1985Prall ; Architectural Research, Inc. v. Stetson, 444 So.2d 973 (Fla. 4th DCA 1983), petition for review denied, 453 So.2d 45 (Fla. 1984); Freehling v. MGIC Financial Corp., 437 So.2d 191 (Fla. 4th DCA 1983); Sun State Roofing Co.; Allstate Insurance Co. v. A.D.H., Inc., 397 So.2d 928 (Fla. 3d DCA 1981); Seaboard Coast Line R.R. v. Industrial Contracting Co .; Stone. | 1 | 1985–1985 |
Thompson v. DEPT. OF HEALTH & REHAB. SERV.
green
1 sentence1982Thus, before a litigant is barred under the doctrine of estoppel by judgment, it must appear that the points or questions involved in the subsequent action were determined in the prior action. *415 It is established law that the termination of the natural parents' rights by commitment proceedings does not foreclose their right to seek adoption pursuant to Chapter 63, supra. In the Interest of C.M.M., supra ; Thompson v. Department of Health and Rehabilitative Services, supra . | 1 | 1982–1982 |
Youngblood v. Taylor
green
1 sentence1982Youngblood v. Taylor, 89 So.2d 503 (Fla. 1956). | 1 | 1982–1982 |
Harmon v. Department of Health & Rehabilitative Services
neutral
1 sentence1982Thus, before a litigant is barred under the doctrine of estoppel by judgment, it must appear that the points or questions involved in the subsequent action were determined in the prior action. *415 It is established law that the termination of the natural parents' rights by commitment proceedings does not foreclose their right to seek adoption pursuant to Chapter 63, supra. In the Interest of C.M.M., supra ; Thompson v. Department of Health and Rehabilitative Services, supra . | 1 | 1982–1982 |
Buckley Towers Condominium, Inc. v. Buchwald
neutral
1 sentence1982Cf. Buckley Towers Condominium, Inc. v. Buchwald, 374 So.2d 550 (Fla. 3d DCA 1979), dismissed, 386 So.2d 634 (Fla. 1980) (appellate court's express refusal in earlier appeal to consider issue of legality of recreation lease does not bar, under doctrine of estoppel by judgment, subsequent action raising that issue). | 1 | 1982–1982 |
| St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance Corporation green | 1 | 1981–1981 |
| American National Bank & Trust Co. of Ft. Lauderdale v. Egidi green | 1 | 1981–1981 |
| Burke v. Dade County neutral | 1 | 1981–1981 |
| Montford v. Wainwright green | 1 | 1980–1980 |
| Simco Operating Corp. v. CITY NAT. BANK, ETC. green | 1 | 1980–1980 |
| Smith v. Florida East Coast Railway Company green | 1 | 1980–1980 |
| Buckley Towers Condominium, Inc. v. Buchwald green | 1 | 1979–1979 |
| Buckley Towers Condominium, Inc. v. Buchwald green | 1 | 1979–1979 |
| Diplomat Electric, Inc. v. Westinghouse Electric Supply Company green | 1 | 1977–1977 |
| Hoffman v. Jones green | 1 | 1975–1975 |
| McGregor v. Provident Trust Co. green | 1 | 1974–1974 |
| Martin v. Arrow Cabs green | 1 | 1972–1972 |
| Shell Oil Company v. Texas Gas Transmission Corp. green | 1 | 1971–1971 |
| Hill v. Colonial Enterprises, Inc. green | 1 | 1971–1971 |
| Ake v. Birnbaum green | 1 | 1969–1969 |
| Prall v. Prall green | 1 | 1959–1959 |
| Gordon v. Gordon green | 1 | 1956–1956 |
| Bagwell v. Bagwell green | 1 | 1956–1956 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.