Legal Opinion

Cohn v. City of Stuart

District Court of Appeal of Florida

Decided November 26, 1997No. 97-0089Published

1Per 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.…

2Cases cited3 opinions

  1. Gold v. City of MiamiCourt of Appeals for the Eleventh Circuit · 1997
  2. Reese v. DamatoSupreme Court of Florida · 1902
  3. City of Miami v. Fraternal Order of PoliceDistrict Court of Appeal of Florida · 1982

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