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CITY OF KEY WEST v. MARKS

No. 87-789.

512 So.2d 1122 (1987)

CITY OF KEY WEST, Appellant, v. Lawrence M. MARKS, et al., Appellees.

District Court of Appeal of Florida, Third District.

September 22, 1987.

Attorney(s) appearing for the Case

Leslie K. Dougall, Jacksonville, and Steve Stitt, Key West, for appellant.

Morgan & Hendrick and James Hendrick, Key West, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

The trial judge properly determined that the positions asserted by the appellant-city below were foreclosed by a prior adverse final judgment from which it did not appeal. E.g., United States v. Stauffer Chemical Co., 464 U.S. 165, 104 S.Ct. 575, 78 L.Ed.2d 388 (1984); Wolfson v. Rubin, 52 So.2d 344 (Fla. 1951); Hay v. Salisbury, 92 Fla. 446, 109 So. 617 (1926); see...

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