Century Surety v. Indemnity Ins. Co.

Full title: The CENTURY SURETY COMPANY, Appellant, v. INDEMNITY INSURANCE COMPANY OF…

Court: District Court of Appeal of Florida, Third District

Date published: Aug 11, 2004

879 So. 2d 1251 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D03-2336.

April 21, 2004. Rehearing and Rehearing En Banc Denied August 11, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Jeri B. Cohen, Judge.

Hicks Kneale, and James H. Wyman, for appellant.

Rocke, McLean Sbar, and Jodi L. Corrigan, and Robert Rocke, for appellee.

Before SHEVIN, RAMIREZ, and WELLS, JJ.

PER CURIAM.

Affirmed. See Kimbrell v. Paige, 448 So.2d 1009, 1012 (Fla. 1984) (res judicata bars any action where the action raises matters that were previously litigated and determined in a prior action). See also ICC Chem. Corp. v. Freeman, 640 So.2d 92, 93 (Fla. 3d DCA 1994) ("Res judicata applies to all matters actually raised and determined, as well as to all other matters which could properly have been raised and determined in the prior action, whether they were or not").