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Res Judicata in the Orlando, Florida Area

What is Res Judicata in the Orlando, Florida area, and what does Res Judicata mean in law? The phrase “Res Judicata” means “the thing that has been decided” in Latin as well as in law. It is founded on the principle that a final judgment of a competent court is conclusive and final unless new material evidence becomes available. In other words, litigating parties are not allowed to raise the same issue in future courts. 

Res Judicata is legal doctrine. Under the doctrine of Res Judicata, a judgment on the merits rendered in a former law suit between the same parties or their privies, upon the same cause of action, by a court of competent jurisdiction, is conclusively 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 this action. 

How Res Judicata is Applied

Res Judicata bars a party from relitigating the same claim. A trial court’s ruling concerning the application of Res Judicata is reviewed de novo. The doctrine of res judicata bars subsequent litigation where four elements are met: (1) the prior decision was rendered by a court of competent jurisdiction; (2) there was a final judgment on the merits; (3) the parties were identical in both suits; and (4) the prior and present causes of action are the same.

A judgment on the merits will bar a subsequent action between the same parties on the same cause of action. The principle of Res Judicata applies not only to subsequent independent proceedings, but to all collateral proceedings in the same action. For the doctrine of Res Judicata to apply, several conditions must exist, which include identity of the thing sued for; identity of the cause of action; identity of the parties; and identity of quality in person for it against whom the claim is made. Res Judicata simply refers to a thing or issue, having been definitively settled by judicial decision. Res Judicata means you do not get a second bite of the apple. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney client privilege.