Cohn v. City of Stuart

District Court of Appeal of Florida

Cohn v. City of Stuart

702 So. 2d 255, 1997 Fla. App. LEXIS 13285, 1997 WL 731468

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1997

DocketNo. 97-0089

StatusPublished

This text of 702 So. 2d 255 (Cohn v. City of Stuart) 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.

Bluebook

Cohn v. City of Stuart, 702 So. 2d 255, 1997 Fla. App. LEXIS 13285, 1997 WL 731468 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

In entering summary judgment in favor of the appellee, the trial court found that the district court’s resolution of the legal issues in favor of the appellee during a prior federal suit between the parties collaterally estopped the appellants from asserting their state law claims. However, the district court’s judgment, which is currently pending and subject to de novo review in the Eleventh Circuit Court of Appeal, see Gold v. City of Miami, 121 F.3d 1442, 1445 n. 3 (11th Cir.1997), was not final and therefore did not have preclu-sive effect upon the appellants’ state action. See Reese v. Damato, 44 Fla. 692, 33 So. 462, 464 (1902). We therefore reverse and remand this cause to the trial court to stay the proceedings, pending the outcome of the appeal in the federal system. See City of Miami v. Fraternal Order of Police, Miami Lodge No. 20, 414 So.2d 225, 226 (Fla. 3d DCA 1982).

DELL, WARNER and PARIENTE, JJ., concur.

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PER CURIAM.

In entering summary judgment in favor of the appellee, the trial court found that the district court’s resolution of the legal issues in favor of the appellee during a prior federal suit between the parties collaterally estopped the appellants from asserting their state law claims. However, the district court’s judgment, which is currently pending and subject to de novo review in the Eleventh Circuit Court of Appeal, see Gold v. City of Miami, 121 F.3d 1442, 1445 n. 3 (11th Cir.1997), was not final and therefore did not have preclu-sive effect upon the appellants’ state action. See Reese v. Damato, 44 Fla. 692, 33 So. 462, 464 (1902). We therefore reverse and remand this cause to the trial court to stay the proceedings, pending the outcome of the appeal in the federal system. See City of Miami v. Fraternal Order of Police, Miami Lodge No. 20, 414 So.2d 225, 226 (Fla. 3d DCA 1982).

DELL, WARNER and PARIENTE, JJ., concur.

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702 So. 2d 255, 1997 Fla. App. LEXIS 13285, 1997 WL 731468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohn-v-city-of-stuart-fladistctapp-1997.

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