CopyCited 13 times | Published | Supreme Court of Florida
...Inasmuch as the district court proceeding was a "judgment" by virtue of its dismissal on the merits (albeit without prejudice to proceed in the circuit court), it follows that the form of the petition filed here as a second petition for "habeas corpus" cannot be entertained as such in light of Fla. Stat. § 79.10, F.S.A., and State ex rel....
...as here) of bail under CrPR 3.130(f) before the same circuit judge (rather than by habeas corpus allowing it to fall before a different circuit judge) in order to leave open the habeas corpus petition as a vehicle for review in the appellate court. § 79.10....
...Upon careful consideration of the record and applicable legal principles we find that a reduction of bail is proper and do hereby reduce bail for petitioner to $50,000.00. It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN and McCAIN, JJ., concur. NOTES [1] Fla. Const. art. V, §§ 3, 4 and 5, F.S.A. [2] Fla. Stat. § 79.10, F.S.A.; State v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 46, 2011 WL 92956
...Res Judicata Even before the enactment of rule 1, successive habeas corpus petitions were prohibited. “The rule in this State is that denial of application for habeas corpus precludes a subsequent application for ha-beas corpus in the same cause on the same facts and issues.” Moat v. Mayo,
82 So.2d 591 (Fla.1955); §
79.10, Fla. Stat. (1951); see also Scaldeferri,
285 So.2d at 411 ; D'Alessandro v. Tippins,
102 Fla. 10 ,
137 So. 231 (1931). Once fully litigated, the matter is res judicata, and section
79.10, Florida Statutes, enjoins a prisoner from relitigating the issue in a different forum....
CopyCited 1 times | Published | Supreme Court of Florida | 1956 Fla. LEXIS 3763
...At the outset we are confronted with a defense of res adjudicata asserted in the' response, consisting of a contention that this action may not be brought because a' judgment of remand continues in force rendered in an earlier habeas corpus action sued out by this relatrix which involved the same question or cause. Section 79.10, F.S.19SS, F.S.A., provides a judgment in habeas corpus “shall be conclusive until reversed in the manner hereinafter provided for, and no person remanded by such judgment while the same continues in force shall be at liberty to obtai...
...Thus the same limited matter remained for consideration under her circuit court habeas corpus filed on June 6, 1955 and decided June 8, 1955, and under the habeas corpus filed for her in this court June 15, 1955. On those facts and for those reasons we hold that the defense of res adjudicata is established on this record and Section 79.10, F.S.1955, F.S.A., enjoins this second application for habeas corpus....
CopyPublished | Supreme Court of Florida
...Sinclair, Fla.1953,
66 So.2d 702 , certiorari denied
346 U.S. 867 ;
74 S.Ct. 107 ,
98 L.Ed. 377 . The rule in this State is that denial of application for habeas corpus precludes a subsequent application for habeas corpus in' the same' cause on the same facts and issues. Section
79.10, F.S.1951, F.S.A.; Pope v....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14798
...The petition for habeas corpus filed in this court must be denied. The judgment of remand entered in the earlier habeas corpus proceeding filed by the petitioner in the circuit court and which involved the same question or cause, being still in force, was res judicata. See § 79.10 Fla.Stat, F.S.A.; State ex rel....
CopyPublished | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 15769
...plemental petition for writ of habeas corpus are substantially identical. Based upon this conclusion we hold that the defense of res adjudicata is established by the record in regard to the instant supplemental petition for writ of habeas corpus and Section 79.10, Florida Statutes (1977), enjoins this second or successive application for habeas corpus....
