Variety Children's Hosp. v. Mt. Sinai Hospital of Greater Miami, Inc.

How courts have described this case

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

• noting that three actions were 6 all predicated on same transaction and same facts and same evidence would serve as basis for proof although different theories for recovery were advanced
• finding the two-dismissal rule of Florida Rule of Civil Procedure 1.420 applied where the “underlying transaction” was the same
• two-dismissal rule precluded action where both earlier actions requested different relief but were based upon same underlying transaction
• “In Florida, the test for deciding whether there is identity of causes of action rests upon a comparison of the facts constituting the underlying transaction.”
• “[T]he dismissal of the first two actions operates as a bar to the filing.of a third complaint by [the plaintiff] and by those in privity with [the plaintiff!, including its insurers.”
• “[T]he dismissal of the first two actions operates as a bar to the filing of a third complaint by [the plaintiff] and by those in privity with [the plaintiff], including its insurers.”

Source: CourtListener parenthetical corpus (CC0).