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Applestein v. Metropolitan Dade Cty

District Court of Appeal of Florida, Third District
Jun 10, 1975
313 So. 2d 774 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-1417.

June 10, 1975.

Appeal from Circuit Court, Dade County; Thomas Testa, Judge.

Diaz-Asper, Katzen Chulock, South Miami, for appellant.

Fowler, White, Humkey, Burnett, Hurley Banick, and Fred R. Ober, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


The sole issue for our determination in this appeal is the correctness of a summary final judgment on the grounds of res judicata.

Appellant argues that there are issues and parties to this appeal not involved in this court's previous consideration of this case. See, Applestein v. Alberring, Fla. App. 1974, 291 So.2d 206.

However, our review of the record in light of our earlier decision convinces us that the trial court correctly concluded that the complaint filed by the appellant is barred on the basis of res judicata.

Therefore, the judgment appealed is affirmed.

Affirmed.


Summaries of

Applestein v. Metropolitan Dade Cty

District Court of Appeal of Florida, Third District
Jun 10, 1975
313 So. 2d 774 (Fla. Dist. Ct. App. 1975)
Case details for

Applestein v. Metropolitan Dade Cty

Case Details

Full title:ALLAN APPLESTEIN, APPELLANT, v. METROPOLITAN DADE COUNTY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 10, 1975

Citations

313 So. 2d 774 (Fla. Dist. Ct. App. 1975)