Equitable Fire & Marine Insurance v. Bradford Builders, Inc.

This case turns on a question of whether a final order of dismissal entered under Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A., is res judicata. The order in question reads, in part, as follows:

“Under the circumstances, Plaintiff has failed to state a cause of action for declaratory decree and the cause should he dismissed under authority of Halpert v. Olesky, Fla., 65 So.2d 762, and Florida National Bank of Jacksonville v. Pugh, Fla., 88 So.2d 284, and Plaintiff left to its traditional and sufficient remedy at law.”

We do not find that the order, in its entirety, indicates a…