Gonzalez v. Gonzalez

The majority refuses to apply collateral estoppel to the facts of this case, holding that the doctrine requires that there be a mutuality of parties in both actions,4 and *99further that the parties in both actions must be adversaries.5 This seems to be the law in Florida as developed in the District Courts of Appeal. However, in this case the law has been mechanically misapplied and perfectly illustrates the proverbial collision of reason and an abstract rule. I dissent because I believe reason should prevail.

Both Stephen and Lawrence brought suit against the United States government in federal…