mutuality requirement in Florida

13 Florida opinions name it 2 courts 1976–2022 1 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.

Followed or applied (8)

Case	Followed	Cited
Bernhard v. Bank of America National Trust & Saving Associationgreen cal · 1942 · cited in 3 Florida opinions naming this issue, 1976–1988 2 sentences 1976Bentham's criticism of the mutuality rule in 1827 [2] and the California court's rejection of it in Bernhard v. Bank of America, 19 Cal.2d 807, 811-13 , 122 P.2d 892, 894-95 (1942), have attracted recent converts to the idea that a party who has had a full and fair opportunity to litigate his rights 828 or liabilities against one adversary, and who has lost, should not ordinarily be granted further opportunities to litigate the same questions against other adversaries. 1976Bentham's criticism of the mutuality rule in 1827 [2] and the California court's rejection of it in Bernhard v. Bank of America, 19 Cal.2d 807, 811-13 , 122 P.2d 892, 894-95 (1942), have attracted recent converts to the idea that a party who has had a full and fair opportunity to litigate his rights 828 or liabilities against one adversary, and who has lost, should not ordinarily be granted further opportunities to litigate the same questions against other adversaries.	3	3
Stogniew v. McQueengreen fla · 1995 · cited in 3 Florida opinions naming this issue, 1996–2014 2 sentences 2003See Stogniew v. McQueen, 656 So.2d 917, 920 (Fla.1995) (holding that sections 772.14 and 775.089(8) do not mandate total abandonment of the mutuality principle upheld in Romano). 1996The Stogniew court also indicated that the mutuality requirement could be satisfied if a party to the second action was in privity with or "virtually represented by one who [was] a party to [the first] lawsuit.” To be virtually represented, "one must have an interest in the action such that she will be bound by the final judgment as if she were a party.” 656 So.2d at 920 . .	2	3
TRUCKING EMP. OF N. JERSEY WELFARE FUND, INC. v. Romanogreen fla · 1984 · cited in 2 Florida opinions naming this issue, 1988–1989 2 sentences 1989We rejected that suggestion and determined that "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." Trucking Employees, 450 So.2d at 845 . 1988In Trucking Employees of North Jersey Welfare Fund, Inc. v. Romano, 450 So.2d 843, 845 (Fla.1984), our supreme court stated: We recognize that the federal courts have abandoned the requirement of mutuality of parties as a prerequisite to asserting the doctrine of collateral estop-pel.	1	2
McGhee v. Volusia Countygreen fla · 1996 · cited in 1 Florida opinions naming this issue, 2016–2016 2 sentences 2016See McGhee v. Volusia County, 679 So.2d 729, 733 (Fla.1996) (explaining that “a statute will not be construed to modify the common law unless such intent is evident or the statute cannot otherwise be given effect”). 2016See McGhee v. Volusia County, 679 So. 2d 729, 733 (Fla. 1996) (explaining that "a statute will not be construed to modify the common law unless such intent is evident or the statute cannot otherwise be given effect").	1	1
Thompson v. Shell Petroleum Corp.green fla · 1938 · cited in 1 Florida opinions naming this issue, 2000–2000 2 sentences 2000See also Thompson v. Shell Petroleum Corp., 130 Fla. 652, 178 So. 413 (1938); Lauren, Inc. v. Marc & Melfa, Inc., 446 So.2d 1138 (Fla. 3d DCA 1984); Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982)(contract which gave employer the right to terminate 716 employee upon "written notice" held to be sufficient as against a claim of lack of mutuality); Bossert v. Palm Beach County Comprehensive Community Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981)(two weeks notice of the right to terminate was sufficient consideration so as to avoid a claim of lack of mutuality) 2000See also Thompson v. Shell Petroleum Corp., 130 Fla. 652, 178 So. 413 (1938); Lauren, Inc. v. Marc & Melfa, Inc., 446 So.2d 1138 (Fla. 3d DCA 1984); Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982)(contract which gave employer the right to terminate 716 employee upon "written notice" held to be sufficient as against a claim of lack of mutuality); Bossert v. Palm Beach County Comprehensive Community Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981)(two weeks notice of the right to terminate was sufficient consideration so as to avoid a claim of lack of mutuality)	1	1
Hill v. Colonial Enterprises, Inc.green fladistctapp · 1969 · cited in 1 Florida opinions naming this issue, 1988–1988 1 sentence 1988See Hill v. Colonial Enterprises, Inc., 219 So.2d 51 (Fla. 4th DCA 1969), cert. discharged, 227 So.2d 481 (Fla. 1969), cited in Annotation, Mutuality of Estoppel as Prerequisite of Availability of Doctrine of Collateral Estoppel to a Stranger to the Judgment, 31 A.L.R.3d at 1062.	1	1
Colonial Enterprises, Inc. v. Hillgreen fla · 1969 · cited in 1 Florida opinions naming this issue, 1988–1988 1 sentence 1988See Hill v. Colonial Enterprises, Inc., 219 So.2d 51 (Fla. 4th DCA 1969), cert. discharged, 227 So.2d 481 (Fla. 1969), cited in Annotation, Mutuality of Estoppel as Prerequisite of Availability of Doctrine of Collateral Estoppel to a Stranger to the Judgment, 31 A.L.R.3d at 1062.	1	1
Brundage v. O'berry, Jr.green fla · 1931 · cited in 1 Florida opinions naming this issue, 1976–1976 2 sentences 1976Brundage v. O'Berry, 101 Fla. 320, 324 , 134 So. 520, 522 (1931); Youngblood v. Taylor, 89 So.2d 503 (Fla. 1956). 1976Brundage v. O'Berry, 101 Fla. 320, 324 , 134 So. 520, 522 (1931); Youngblood v. Taylor, 89 So.2d 503 (Fla. 1956).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Parklane Hosiery Co. v. Shore green scotus · 1979 2 sentences 1989Next, in Parklane Hosiery Co. v. Shore, 439 U.S. 322 , 99 S.Ct. 645 , 58 L.Ed.2d 552 (1979), the United States Supreme Court also restrictively modified the mutuality requirement of the collateral estoppel doctrine in the offensive context. 1989Next, in Parklane Hosiery Co. v. Shore, 439 U.S. 322 , 99 S.Ct. 645 , 58 L.Ed.2d 552 (1979), the United States Supreme Court also restrictively modified the mutuality requirement of the collateral estoppel doctrine in the offensive context.	3	1988–2022
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation green scotus · 1971 2 sentences 1989In Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313 , 91 S.Ct. 1434 , 28 L.Ed.2d 788 (1971), the United States Supreme Court completely abrogated the mutuality requirement in a defensive context and concluded that a defendant may use collateral estoppel defensively to prevent a plaintiff from asserting a claim that the plaintiff had previously litigated and lost against another defendant. 1989In Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313 , 91 S.Ct. 1434 , 28 L.Ed.2d 788 (1971), the United States Supreme Court completely abrogated the mutuality requirement in a defensive context and concluded that a defendant may use collateral estoppel defensively to prevent a plaintiff from asserting a claim that the plaintiff had previously litigated and lost against another defendant.	3	1983–1989
EC EX REL. JKC v. Katz green fla · 1999 1 sentence 2002E.C., 731 So.2d at 1270 .	1	2002–2002
Wright & Seaton, Inc. v. Prescott green fladistctapp · 1982 1 sentence 2000See also Thompson v. Shell Petroleum Corp., 130 Fla. 652, 178 So. 413 (1938); Lauren, Inc. v. Marc & Melfa, Inc., 446 So.2d 1138 (Fla. 3d DCA 1984); Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982)(contract which gave employer the right to terminate *716 employee upon "written notice" held to be sufficient as against a claim of lack of mutuality); Bossert v. Palm Beach County Comprehensive Community Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981)(two weeks notice of the right to terminate was sufficient consideration so as to avoid a claim of lack of mutuality)	1	2000–2000
SUGAR CANE GROWERS CO-OP. v. Pinnock green fladistctapp · 1999 1 sentence 2000This condition was sufficient to satisfy the mutuality requirement for the contract. [2] In Sugar Cane Growers Coop. of Fla., Inc. v. Pinnock, 735 So.2d 530 (Fla. 4th DCA), review denied, 744 So.2d 456 (Fla.1999), the Fourth District Court of Appeal held that a ten-day notice requirement, afforded to workers by the employment contract at issue, before termination of the contract was sufficient to overcome a claim of lack of mutuality.	1	2000–2000
Lauren, Inc. v. Marc & Melfa, Inc. neutral fladistctapp · 1984 1 sentence 2000See also Thompson v. Shell Petroleum Corp., 130 Fla. 652, 178 So. 413 (1938); Lauren, Inc. v. Marc & Melfa, Inc., 446 So.2d 1138 (Fla. 3d DCA 1984); Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982)(contract which gave employer the right to terminate *716 employee upon "written notice" held to be sufficient as against a claim of lack of mutuality); Bossert v. Palm Beach County Comprehensive Community Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981)(two weeks notice of the right to terminate was sufficient consideration so as to avoid a claim of lack of mutuality)	1	2000–2000
Bossert v. Palm Beach County green fladistctapp · 1981 1 sentence 2000See also Thompson v. Shell Petroleum Corp., 130 Fla. 652, 178 So. 413 (1938); Lauren, Inc. v. Marc & Melfa, Inc., 446 So.2d 1138 (Fla. 3d DCA 1984); Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982)(contract which gave employer the right to terminate *716 employee upon "written notice" held to be sufficient as against a claim of lack of mutuality); Bossert v. Palm Beach County Comprehensive Community Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981)(two weeks notice of the right to terminate was sufficient consideration so as to avoid a claim of lack of mutuality)	1	2000–2000
Knoblauch v. Kenyon green michctapp · 1987 2 sentences 1989In Knoblauch v. Kenyon, 163 Mich. App. 712 , 415 N.W.2d 286 (Ct.App. 1987), the Michigan Court of Appeals receded from a strict adherence to the mutuality requirement under facts almost identical to those in the instant case. 1989In Knoblauch v. Kenyon, 163 Mich. App. 712 , 415 N.W.2d 286 (Ct.App. 1987), the Michigan Court of Appeals receded from a strict adherence to the mutuality requirement under facts almost identical to those in the instant case.	1	1989–1989
James W. McCord Jr. v. F. Lee Bailey green cadc · 1980 1 sentence 1988Appellees rely on McCord v. Bailey, 636 F.2d 606 (D.C.Cir.1980), cert. denied, 451 U.S. 983 , 101 S.Ct. 2314 , 68 L.Ed.2d 839 (1981).	1	1988–1988
United States of America, for and on Behalf of Portland Construction Company v. Weiss Pollution Control Corporation green ca5 · 1976 1 sentence 1988Therefore, the mutuality rule is met and both the surety and the subcontractors (who are parties to the arbitration proceeding) will, by the doctrine of collateral estoppel, be bound in the bond action by the determination in the arbitration proceeding. [2] In an analogous case, U.S. v. Weiss Pollution Control Corp., 532 F.2d 1009 (5th Cir.1976), the U.S. 5th Circuit Court of Appeals reversed a dismissal of a Miller Act suit (Miller Act, 40 U.S.C. § 270a, et seq., controls payment bonds relating to construction contracts with the United States government).	1	1988–1988
White v. New Hampshire Department of Employment Security green scotus · 1981 1 sentence 1988Appellees rely on McCord v. Bailey, 636 F.2d 606 (D.C.Cir.1980), cert. denied, 451 U.S. 983 , 101 S.Ct. 2314 , 68 L.Ed.2d 839 (1981).	1	1988–1988
Lorain v. United Steelworkers green scotus · 1981 1 sentence 1988Appellees rely on McCord v. Bailey, 636 F.2d 606 (D.C.Cir.1980), cert. denied, 451 U.S. 983 , 101 S.Ct. 2314 , 68 L.Ed.2d 839 (1981).	1	1988–1988
Putnam Fabricating Co. v. Null green scotus · 1981 1 sentence 1988Appellees rely on McCord v. Bailey, 636 F.2d 606 (D.C.Cir.1980), cert. denied, 451 U.S. 983 , 101 S.Ct. 2314 , 68 L.Ed.2d 839 (1981).	1	1988–1988
Daigneau v. National Cash Register Company neutral fladistctapp · 1971 1 sentence 1976The District Court of Appeal, Fourth District, explicitly declined to abrogate the mutuality rule in Daigneau v. National Cash Register Co., 247 So.2d 465 (Fla.App.4th, 1971).	1	1976–1976
Youngblood v. Taylor green fla · 1956 1 sentence 1976Brundage v. O'Berry, 101 Fla. 320, 324 , 134 So. 520, 522 (1931); Youngblood v. Taylor, 89 So.2d 503 (Fla. 1956).	1	1976–1976

Where else courts name it

MI 44 (1943–2026) IL 32 (1956–2024) OH 21 (1983–2025) VA 18 (1974–2023) CT 16 (1988–2020) FL 13 (1976–2022) CA 10 (1978–2022) NC 10 (1983–2025) SC 8 (2008–2023) MD 7 (1969–2018) AR 7 (1974–2009) NJ 7 (1967–1993) WA 7 (1970–2019) NY 6 (1926–1989) MN 6 (1902–2012) NM 6 (1974–2002) AL 6 (1994–2024) CO 5 (1987–2017) VT 5 (1932–2018) AZ 5 (1981–2019) IN 5 (1984–2023) TX 5 (1970–1993) TN 5 (2006–2026) AK 4 (1970–1992) WI 4 (1986–1996) MO 4 (1920–2018) IA 3 (1975–2021) PA 3 (1977–1986) KS 3 (1986–2004) ND 3 (1992–2019) WY 2 (1984–2020) DE 2 (1991–2020) GA 2 (1974–1975) OR 2 (1952–2007) MA 2 (1954–1995) HI 2 (1975–2004) DC 2 (1980–1984) KY 2 (1964–2018)

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.

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