Shalimar Pointe Owners Ass'n v. JMJ/Bayclub, Inc.

District Court of Appeal of Florida

Shalimar Pointe Owners Ass'n v. JMJ/Bayclub, Inc.

745 So. 2d 1129, 1999 Fla. App. LEXIS 16876, 1999 WL 1188504

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1999

DocketNo. 98-846

StatusPublished

This text of 745 So. 2d 1129 (Shalimar Pointe Owners Ass'n v. JMJ/Bayclub, Inc.) 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

Shalimar Pointe Owners Ass'n v. JMJ/Bayclub, Inc., 745 So. 2d 1129, 1999 Fla. App. LEXIS 16876, 1999 WL 1188504 (Fla. Ct. App. 1999).

Pincite

Opinions

PER CURIAM.

This cause is before us on a petition for writ of certiorari from the circuit court’s ruling approving issuance of a land development permit. The circuit court erred in collaterally estopping Petitioner from challenging the permit. The identical issue had not been litigated previously by the same parties and Petitioner was not in privity with any party to the previous adjudication. Stogniew v. McQueen, 656 So.2d 917, 920 (Fla.1995) (citing Southeastern Fidelity Ins. Co. v. Rice, 515 So.2d 240 (Fla. 4th DCA 1987); and Aerojet-General Corp. v. Askew, 511 F.2d 710, 719 (5th Cir.), cert. denied, 423 U.S. 908, 96 S.Ct. 210, 46 L.Ed.2d 137 (1975)). We, therefore, grant the petition for writ of certiora-ri, and remand the cause to the circuit court for further proceedings.

BOOTH and BENTON, JJ„ CONCUR; ERVIN, J., DISSENTS.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This cause is before us on a petition for writ of certiorari from the circuit court’s ruling approving issuance of a land development permit. The circuit court erred in collaterally estopping Petitioner from challenging the permit. The identical issue had not been litigated previously by the same parties and Petitioner was not in privity with any party to the previous adjudication. Stogniew v. McQueen, 656 So.2d 917, 920 (Fla.1995) (citing Southeastern Fidelity Ins. Co. v. Rice, 515 So.2d 240 (Fla. 4th DCA 1987); and Aerojet-General Corp. v. Askew, 511 F.2d 710, 719 (5th Cir.), cert. denied, 423 U.S. 908, 96 S.Ct. 210, 46 L.Ed.2d 137 (1975)). We, therefore, grant the petition for writ of certiora-ri, and remand the cause to the circuit court for further proceedings.

BOOTH and BENTON, JJ„ CONCUR; ERVIN, J., DISSENTS.

Cite This Page — Counsel Stack

Bluebook (online)

745 So. 2d 1129, 1999 Fla. App. LEXIS 16876, 1999 WL 1188504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shalimar-pointe-owners-assn-v-jmjbayclub-inc-fladistctapp-1999.

Opinions

Related

Cite This Page — Counsel Stack