129 Fla. 498 - Smith v. Pattishall

How this case has been cited

Cited by 32 later decisions — most recently March 2015 · most notably Ward v. Commissioner (1986), I.A. v. H.H. (1998)

1 district · 27 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Davis, J.

¶1 (concurring).'—Appellee invokes the rule that where a point has been actually and directly put in issüe and there judicially passed upon, that such point cannot again. be drawn in question in any. future action between the same parties, or their privies, whether the causes of action in the two suits be identical or different (McGregor v. Provident Trust Co., 119 Fla. 718, 162 Sou., Page 323) and contends that this is a controversy that should be controlled by the above rule because of a former suit between the bank liquidator and the grantor that had resulted in an adjudication against the fraudulent nature of the deed sought to be reformed in this case. But the estoppel by judgment created by the former litigation applied peculiarly *509 to the land therein described rather than the deed, so this is not a case within the rule contended for, namely, estoppel by judgment which is' a corollary to the rule of res adjudicata.