Florida District Courts of Appeal, 2003

Calder Race Course, Inc. v. Department of Business & Professional Regulation

Florida District Courts of Appeal · Decided March 10, 2003 · Booth, Lewis, Webster

838 So. 2d 1241; 2003 Fla. App. LEXIS 3063; 2003 WL 882779 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

May v. Salter (Fla. Dist. Ct. App. 2014)

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Opinion of the Court

PER CURIAM.

Appellants seek review of a final order dismissing their complaint with prejudice, as barred by res judicata and collateral estoppel. Because we conclude that neither the affirmative defense of res judicata nor that of collateral estoppel is conclusively demonstrated within the four corners of the complaint, we hold that it was error to dismiss the complaint with prejudice as barred by either defense. See, e.g., Liv*1242ingston v. Spires, 481 So.2d 87 (Fla. 1st DCA 1986). Accordingly, we reverse, and remand for further proceedings.

REVERSED and REMANDED, with directions.

BOOTH, WEBSTER and LEWIS, JJ., concur.

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