772.14

Estoppel of defendant.

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772.14 Estoppel of defendant.—A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a civil cause of action under this chapter, or in any criminal proceeding under chapter 895, shall estop the defendant in any action brought pursuant to this chapter as to all matters as to which such judgment or decree would be an estoppel as if the plaintiff had been a party in the criminal action.

History.—s. 3, ch. 86-277.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1990–2024 · leading case: Starr Tyme, Inc. v. Cohen

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Starr Tyme, Inc. v. Cohen (1995) fla · cites it 16× “The motion was based on Florida's civil remedies for criminal practices estoppel statute, section 772.14, Florida Statutes (1991). In the subsequent non-jury trial, the court found that Cohen did not commit a theft of funds or convert funds from Starr Tyme.”

Board of Regents v. Taborsky (1994) fladistctapp · cites it 6× “§§ 772.14, 775.089(8). In this forum, the victim has the ability to minimize further damage from the criminal conduct and maximize the potential for recovery.”

Cook v. State (2005) fladistctapp · cites it 2× “NOTES [1] The Restatement only addresses "the preclusive effects of judgments in civil actions.”

City of Orlando v. Pineiro (2011) fladistctapp · cites it 2× “§ 772.14, Fla. Stat. (2010); Boshnack v. World Wide Rent-A-Car, Inc.”

Roofing v. Flemmings (2014) fladistctapp · cites it 3× “§ 772.14, Fla. Stat. (2014); § 775.089(8), Fla.”

Stogniew v. McQueen (1995) fla “14 provides: A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a civil cause of action under this chapter, or in any criminal proceeding under chapter 895, shall estop the…”

Stafford v. Don Reid Ford, Inc. (2006) fladistctapp · cites it 3× “" § 772.14, Fla. Stat. (2005). This includes all matters that are actually and necessarily adjudicated in the prior action.”

Paterno v. Fernandez (1990) fladistctapp · cites it 2× “089(8), Florida Statutes (1985), is constitutional and that the trial court did not err in granting the partial summary judgment as to the issue of liability, we find no need in addressing the plaintiffs' contention that Section 772.14, Florida Statutes (1985) also estops the…”

Goines v. Lee Memorial Health System (2020) flmd · cites it 6× “§ 772.14, Fla. Stat. As Starr Tyme, Inc. stated: Section 772.”

Starr Tyme, Inc. v. Cohen (1994) fladistctapp · cites it 2× “In doing so, it relied on section 772.14, Florida Statutes (1991), Florida’s collateral estoppel statute which addresses civil remedies for criminal acts.”

Allen v. Greenwasser (In Re Greenwasser) (2001) flsb · cites it 8× “Fla. Stat. § 772.14 (1999)(emphasis added).”

ARTHUR SAGER v. MADALINA BLANCO AND RICARDO F. BLANCO (2022) fladistctapp · cites it 2× “7 Section 772.14, Florida Statutes, located within the Civil Remedies for Criminal Practices Act, provides, in relevant part: A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a…”

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