res adjudicata doctrine in Florida

1964And if the ancillary state has denied probate this should not bar the domicil from probating the will.' Section 470.1, paragraph 3, Beale, supra; In re Clark's Estate, 148 Cal. 108 , 82 P. 760 , 1 L.R.A.

1964And if the ancillary state has denied probate this should not bar the domicil from probating the will.' Section 470.1, paragraph 3, Beale, supra; In re Clark's Estate, 148 Cal. 108 , 82 P. 760 , 1 L.R.A.

2001The case of Wagner v. Baron, Fla., 64 So.2d 267 , was strongly relied upon by petitioner in this case but it is not applicable.

1987Finston v. Finston, 160 Fla. 935 , 37 So.2d 423 (1948).

1987Finston v. Finston, 160 Fla. 935 , 37 So.2d 423 (1948).

1985Linetsky, 533 F.2d at 198 n. 5. "[W]ithout a valid subsisting decision in an early stage of the same suit or a final decree or judgment *183 entered in a former action there is no foundation for invocation of the doctrine of res adjudicata or the principle of estoppel by judgment." Gordon v. Gordon, 59 So.2d 40, 41 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952).

1985Linetsky, 533 F.2d at 198 n. 5. "[W]ithout a valid subsisting decision in an early stage of the same suit or a final decree or judgment *183 entered in a former action there is no foundation for invocation of the doctrine of res adjudicata or the principle of estoppel by judgment." Gordon v. Gordon, 59 So.2d 40, 41 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952).

1985Linetsky, 533 F.2d at 198 n. 5. "[W]ithout a valid subsisting decision in an early stage of the same suit or a final decree or judgment *183 entered in a former action there is no foundation for invocation of the doctrine of res adjudicata or the principle of estoppel by judgment." Gordon v. Gordon, 59 So.2d 40, 41 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952).

1985Linetsky, 533 F.2d at 198 n. 5. "[W]ithout a valid subsisting decision in an early stage of the same suit or a final decree or judgment *183 entered in a former action there is no foundation for invocation of the doctrine of res adjudicata or the principle of estoppel by judgment." Gordon v. Gordon, 59 So.2d 40, 41 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952).

1977Here the property rights were not introduced in the litigation but they could and should have been so the same rule applies here as will be seen by an examination of our opinion in Town of Boca Raton v. Moore, 122 Fla. 350 , 165 So. 279 , cited as authority for the rule stated in Finston v. Finston, supra." We hold that the doctrine of res adjudicata controls.

1977Here the property rights were not introduced in the litigation but they could and should have been so the same rule applies here as will be seen by an examination of our opinion in Town of Boca Raton v. Moore, 122 Fla. 350 , 165 So. 279 , cited as authority for the rule stated in Finston v. Finston, supra." We hold that the doctrine of res adjudicata controls.

1970It is based upon the theory that, where a party has made a record of his own case, upon which record he has sought and secured from a court a final judicial order or judgment based on the allegation made by him that the facts of his case as alleged by him in his own pleadings are true, which allegations as to the issuable facts have been likewise accepted by the opposite party as true, for the purpose of having rendered *42 by the court its final decision or judgment on such record, thereafter each of the parties is estopped to alter his position on the record to the prejudice of an adverse pa

1970It is based upon the theory that, where a party has made a record of his own case, upon which record he has sought and secured from a court a final judicial order or judgment based on the allegation made by him that the facts of his case as alleged by him in his own pleadings are true, which allegations as to the issuable facts have been likewise accepted by the opposite party as true, for the purpose of having rendered *42 by the court its final decision or judgment on such record, thereafter each of the parties is estopped to alter his position on the record to the prejudice of an adverse pa

1966See: Whitney v. Cochran, supra. Therefore, so much of the trial judge's order which denied relief on these grounds, upon the doctrine of res adjudicata, is hereby affirmed.

1957The court interpreted Rule 41(b), Federal Rules of Civil Procedure, to provide that where "(1) the dismissal was on the court's motion, (2) by rule 41(b) such a dismissal, unless otherwise specified in the order, operates as an adjudication upon the merits, and (3) the court did not otherwise specify in the order, the dismissal necessarily operated as an adjudication upon the merits" [in such manner as to preclude a second suit on the same matter.] Respondent relies heavily on the case of Universal Const. Co. v. City of Fort Lauderdale, Fla. 1953, 68 So.2d 366 .

1957Howard v. Ziegler, 40 So.2d 776 [Fla. 1949]), and will supply a foundation for the application of the doctrine of res adjudicata, e.g.

1957Citing the equivalent Federal rule, rule 41(b), Federal Rules of Civil Procedure, the court held: "The said judgment of dismissal, though entered without a trial had the same effect and barred a subsequent action for the same claim." In American National Bank & Trust Company of Chicago v. United States, 1944, 79 U.S.App.D.C. 62 , 142 F.2d 571, 572 , the circuit court ruled that a dismissal for want of prosecution was on the merits so as to prevent a second suit under the doctrine of res adjudicata.

1957Citing the equivalent Federal rule, rule 41(b), Federal Rules of Civil Procedure, the court held: "The said judgment of dismissal, though entered without a trial had the same effect and barred a subsequent action for the same claim." In American National Bank & Trust Company of Chicago v. United States, 1944, 79 U.S.App.D.C. 62 , 142 F.2d 571, 572 , the circuit court ruled that a dismissal for want of prosecution was on the merits so as to prevent a second suit under the doctrine of res adjudicata.

1957Armstrong v. County of Manatee, 1905, 49 Fla. 273 , 37 So. 938 .

1954Trigg v. Industrial Commission, 364 Ill. 581 , 5 N.E.2d 394 , 108 A.L.R. 153 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 29 S.W.2d 971 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 33 S.W.2d 189 .

1954Trigg v. Industrial Commission, 364 Ill. 581 , 5 N.E.2d 394 , 108 A.L.R. 153 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 29 S.W.2d 971 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 33 S.W.2d 189 .

1954Trigg v. Industrial Commission, 364 Ill. 581 , 5 N.E.2d 394 , 108 A.L.R. 153 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 29 S.W.2d 971 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 33 S.W.2d 189 .

1954Trigg v. Industrial Commission, 364 Ill. 581 , 5 N.E.2d 394 , 108 A.L.R. 153 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 29 S.W.2d 971 ; Cooper v. United States Fidelity & Guaranty Co., Tex.Com.App., 33 S.W.2d 189 .