Calder Race Course v. Dept. of Bus

Full title: CALDER RACE COURSE, INC., a Florida corporation, and TROPICAL PARK, INC.…

Court: District Court of Appeal of Florida, First District

Date published: Mar 10, 2003

838 So. 2d 1241 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-1244.

Opinion filed March 10, 2003.

An appeal from the Circuit Court for Leon County, Nikki Ann Clark, Judge.

Wilbur E. Brewton, Kelly B. Plante and Tana D. Storey of Brewton, Plante Plante, P.A., Tallahassee, for Appellants.

Harold F.X. Purnell of Rutledge, Ecenia, Purnell Hoffman, P.A., Tallahassee, for Appellee Daytona Beach Kennel Club.

Robert W. Pass and E. Kelly Bittick, Jr., of Carlton Fields, P.A., Tallahassee, for Appellee Investment Corporation of Palm Beach.

PER CURIAM.

Appellants seek review of a final order dismissing their complaint with prejudice, as barred by res judicata and collateral estoppel. Because we conclude that neither the affirmative defense of res judicata nor that of collateral estoppel is conclusively demonstrated within the four corners of the complaint, we hold that it was error to dismiss the complaint with prejudice as barred by either defense. See, e.g., Livingston v. Spires, 481 So.2d 87 (Fla. 1st DCA 1986). Accordingly, we reverse, and remand for further proceedings.

REVERSED and REMANDED, with directions.

BOOTH, WEBSTER and LEWIS, JJ., CONCUR.