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DAVIS v. ASBELL

No. Z-282.

328 So.2d 204 (1976)

A.J. DAVIS et al., Appellants, v. Edith M. ASBELL, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 1976.

Attorney(s) appearing for the Case

Edwin C. Cluster, of Ayres, Cluster, Curry, Meffert & McCall, Ocala, for appellants.

W.N. Avera, of Chandler, O'Neal, Avera, Gray, Lang & Stripling, Gainesville, for appellee.

RAWLS, Acting Chief Judge.

Appellee, Edith M. Asbell, brought this action against appellants seeking damages for loss of consortium. Upon consideration of Mrs. Asbell's motion for partial summary judgment as to liability, the trial court granted same upon the theory of estoppel by judgment.1 Appellants contend that the doctrine of estoppel by judgment was misapplied by the trial court because the essential element of identity of parties...

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