Calder Race Course, Inc. v. Department of Business & Professional Regulation

District Court of Appeal of Florida

Calder Race Course, Inc. v. Department of Business & Professional Regulation

838 So. 2d 1241, 2003 Fla. App. LEXIS 3063, 2003 WL 882779

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2003

DocketNo. 1D02-1244

StatusPublished

Cited by1 cases

This text of 838 So. 2d 1241 (Calder Race Course, Inc. v. Department of Business & Professional Regulation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calder Race Course, Inc. v. Department of Business & Professional Regulation, 838 So. 2d 1241, 2003 Fla. App. LEXIS 3063, 2003 WL 882779 (Fla. Ct. App. 2003).

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Opinion

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., Liv[1242]*1242ingston 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.

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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., Liv[1242]*1242ingston 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.

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838 So. 2d 1241, 2003 Fla. App. LEXIS 3063, 2003 WL 882779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calder-race-course-inc-v-department-of-business-professional-fladistctapp-2003.

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