Question 1

What is res judicata in Florida?

Accepted Answer

Res judicata ("the matter has been decided") prevents a party from relitigating a claim that has already been decided by a court. In Florida: res judicata applies when: the same parties (or their privies) are involved, the same cause of action is at issue, the prior action resulted in a final judgment on the merits, and the claim could have been raised in the prior action (even if it was not). Res judicata promotes: finality (cases should end), efficiency (courts should not re-decide the same issues), and fairness (parties should not be subjected to multiple lawsuits for the same dispute).

Question 2

How does res judicata differ from collateral estoppel?

Accepted Answer

Distinction: res judicata (claim preclusion): bars an entire claim that was (or could have been) raised in a prior action. Collateral estoppel (issue preclusion): bars relitigation of a specific issue that was actually litigated and decided in a prior action. Example: if A sues B for breach of contract and the court enters a final judgment: res judicata bars A from filing a new lawsuit against B for the same breach. Collateral estoppel bars A from relitigating specific issues decided in the first lawsuit (e.g., whether the contract was valid) in any future litigation between the parties.

Question 3

What are the exceptions to res judicata in Florida?

Accepted Answer

Exceptions: fraud (if the prior judgment was obtained through fraud, it can be set aside), lack of jurisdiction (if the prior court lacked jurisdiction, the judgment is not binding), changed circumstances (if material facts have changed since the prior judgment, a new claim may be available), and different causes of action (if the new claim is based on different facts or legal theories, res judicata may not apply). The party seeking to avoid res judicata has the burden of proving an exception applies.

Res Judicata

Res Judicata in Florida

Requirements

vs. Collateral Estoppel

Exceptions

Related Terms

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