R.W. Smith & Co. of Florida v. R. Wilbur Smith & Co.
This text of 833 So. 2d 806 (R.W. Smith & Co. of Florida v. R. Wilbur Smith & Co.) 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.
Opinion
R.W. Smith & Co. of Florida, Inc., appeals an adverse summary judgment in its suit against R. Wilbur Smith & Co., Inc. We agree with the trial court that the instant suit is barred by res judicata. See Red Carpet Corp. of Panama City Beach v. Roberts, 443 So.2d 377 (Fla. 1st DCA 1983); see also Harrington v. Batchelor, 781 So.2d 1133 (Fla. 3d DCA 2001).
R. Wilbur Smith & Co., Inc. appeals an order denying its motion to tax costs against Antonio Elortegui, the president and sole shareholder of R.W. Smith & Co. of Florida. We reverse on authority of subsection 607.1421(4), Florida Statutes (2001), and Barrie v. Buchsbaum, 547 So.2d 1009 (Fla. 3d DCA 1989).
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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833 So. 2d 806, 2002 Fla. App. LEXIS 16057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rw-smith-co-of-florida-v-r-wilbur-smith-co-fladistctapp-2002.