Legal Opinion

Castro Convertible Corporation v. Julie Ann Castro

Court of Appeals for the Fifth Circuit

Decided August 9, 1979No. 78-2677PublishedCited by 1 opinion

ON PETITION FOR REHEARING

1Opinion of the Court

GODBOLD, Circuit Judge:

Castro Convertible’s motion for rehearing raises two arguments. First, that we erred in allowing the Florida trial court’s denial of intervention to have res judicata effect in the federal courts because as a matter of Florida law a denial of a motion to intervene can never have the effect of an adjudication on the merits. Castro Convertible cites no Florida cases disputing the specific proposition of law on which our opinion rests — that all issues fully adjudicated by a state court in denying a motion to intervene are res judicata. Moreover, Florida courts appear to…

2Cases cited5 opinions

  1. Cabinet Craft v. AG Spanos EnterprisesDistrict Court of Appeal of Florida · 1977
  2. Miracle House Corporation v. HaigeSupreme Court of Florida · 1957
  3. Wogisch v. TigerDistrict Court of Appeal of Florida · 1966
  4. Tampa Suburban Utilities Corp. v. Hillsborough County Aviation AuthorityDistrict Court of Appeal of Florida · 1967
  5. State v. CrewsDistrict Court of Appeal of Florida · 1969

3Cited by1 opinion

  1. AGB Oil Co. v. CRYSTAL EXPLORATION, ETC.District Court of Appeal of Florida · 1981

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