Alvarez v. Alvarez
Alvarez v. Alvarez
Opinion of the Court
In November 1990, the circuit court ruled, in an action for child-support arrear-ages, that the appellee/father owed the appellant/mother $2,793. The father’s claim of entitlement to a credit for cash given directly to the daughter was rejected. No appeal was taken.
Six months later, the father filed a “Motion to Contest Impending Judgment,” as
When a fact, an issue, or a cause of action has been decided by a trial court of competent jurisdiction, neither of the parties involved shall be allowed to call into question and relitigate the thing decided, so long as the judgment or decree stands un-reversed. AGB Oil Co. v. Crystal Exploration and Prod. Co., 406 So.2d 1165, 1167 (Fla. 3d DCA 1981), rev. denied, 413 So.2d 875 (Fla. 1982). Res judicata also applies to matters raised by motion. Id. In that the set-off issue had been litigated and decided in the November 1990 hearing, it was not subject to relitigation in May 1991.
Reversed.
Reference
- Full Case Name
- Marcelina ALVAREZ and the Department of HRS v. Celestino ALVAREZ
- Cited By
- 3 cases
- Status
- Published