When Does the Doctrine of Res Judicata Apply in Florida Trust and Estates Litigation?
What is the doctrine of res judicata? What do litigators need to know about it if they are involved in trust litigation in Palm Beach? How can res judicata apply to my Florida estate lawsuit? According to Florida law, when are the requirements for res judicata satisfied?
Under the doctrine of res judicata, ” a judgment on the merits rendered in a former suit between the same parties or their privies, upon the same cause of action, by a court f competent jurisdiction, is conclusive not only as to every matter which was offered and received to sustain or defeat the claim, but as to every other matter which might with propriety have been litigated and determined in that action.” Therefore, ” res judicata applies when the following four identities are present: (1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties to the action; (4) identity of the quality of persons for or against whom the claim is made.”
To learn more about res judicata, you should read a February 22,2017 Second DCA opinion, Bryan v. Fernald. This opinion breaks down the elements of res judicata and explains how the requirements are satisfied. To read the entire case, click here.