· 12/12/1957
North Shore Realty Corporation v. Gallaher
Citations
- 99 So. 2d 255
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- it is not the inclusion of the words \with prejudice\ which determines whether a dismissal is res judicata, but rather whether the order actually was an adjudication on the merits.
- when a final decree is silent as to what was adjudicated on the merits, it is incumbent upon the party asserting the affirmative defense of res judicata to establish same by extrinsic evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Horton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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