Legal Opinion
Livingston v. Spires
District Court of Appeal of Florida
Decided January 7, 1986No. BD-89PublishedCited by 14 opinions
1Opinion of the Court
481 So.2d 87 (1986)
Blake LIVINGSTON, Appellant,
v.
Barbara SPIRES, Appellee.
No. BD-89.
District Court of Appeal of Florida, First District.
January 7, 1986.
Al Millar, Jacksonville, for appellant.
Jack M. Schemer of Coxe, Schemer & Smith, Jacksonville, for appellee.
2Per curiam
Livingston appeals from a judgment of dismissal, which had dismissed with prejudice his complaint on the ground of res judicata. He argues that a motion to dismiss is not the proper vehicle by which to dispose of the case when the allegations contained in the complaint do not on their face reveal the existence of the defense. We agree.
"[T…
3Cases cited6 opinions
- Evans v. ParkerDistrict Court of Appeal of Florida · 1983
- Moskovits v. MoskovitsDistrict Court of Appeal of Florida · 1959
- Glass v. ArmstrongDistrict Court of Appeal of Florida · 1976
- City of Clearwater v. US Steel Corp.District Court of Appeal of Florida · 1985
- Holley v. Universal Rental Properties, Inc.District Court of Appeal of Florida · 1982
1 more not listed; retrieve them via the Exa API.
4Cited by14 opinions
- Wholey v. Cal-Maine Foods, Inc.Mississippi Supreme Court · 1988
- Byrd v. City of NicevilleDistrict Court of Appeal of Florida · 1989
- All Pro Sports Camp, Inc. v. Walt DisneyDistrict Court of Appeal of Florida · 1999
- McWHIRTER, REEVES, McGOTHLIN v. WeissDistrict Court of Appeal of Florida · 1998
- Palmer v. McCallionDistrict Court of Appeal of Florida · 1994
9 more not listed; retrieve them via the Exa API.