STATE, DEPT. OF TRANSP. v. Bailey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the doctrine of res judicata is not invoked if an issue was not “actually litigated and decided”
• holding that denial of first motion for relief from judgment, where jurisdictional argument was raised but not actually adjudicated, did not preclude review of second motion, which reasserted movant’s position more clearly
• holding a judgment is void if the court lacked jurisdiction to enter it, and if void, the judgment must' be vacated
• concluding argument was raised but not decided where issue was not argued before the trial court and order was insufficient to indicate ruling on merits
• affirming trial court granting second rule 1.540(b) motion as to a portion of the final judgment entered where the trial court did not have subject matter jurisdiction, finding that portion of the judgment was void
• an award of prejudgment interest does not fall within the parameters of the waiver of sovereign immunity expressed in section 768.28(5)

Source: CourtListener parenthetical corpus (CC0).