Smith v. United Services Automobile Ass'n

CARROLL, DONALD R., Acting Chief Judge.

The plaintiffs in an automobile negligence action have appealed from an order entered by the Circuit Court for Okaloosa County granting the defendants’ motion to dismiss the complaint as to the defendant insurer.

The sole question presented for our determination in this appeal is whether the said court committed error in dismissing the complaint as to the defendant insurer upon the basis of res judicata or estoppel by judgment.

In the order appealed from herein the court stated that, in entering the order, it considered “the two prior cases that were filed…