“Combining Lawsuits in Florida and What It Means for Future Cases”

– Actions cannot be consolidated if they are pending in different judicial circuits in Florida.
– Florida Rule of Civil Procedure 1.270 allows for consolidation of actions with a common question of law or fact, but they must be pending in the same jurisdiction.
– Case law supports the limitation on consolidating actions pending in different circuits, as shown in cases such as Wetherington v. State Farm Mutual Auto. Ins. Co. and Y.H. v. F.L.H., et al. 1. Res judicata applies to two pending actions in separate circuits if there is identity of thing sued for, cause of action, persons and parties to the action, and quality or capacity of persons for or against whom the claim is made.
2. A judgment on the merits in the former suit between the same parties and upon the same cause of action is conclusive as to every matter that was offered and received to sustain or defeat the claim, as well as every other matter which might have been litigated and determined in that action.
3. If a judgment is rendered in one action before the other, the first judgment will be conclusive for both actions, and neither party will be able to bring any additional suits on the same cause of action in the future.

https://www.jimersonfirm.com/blog/2012/04/consolidating-lawsuits-in-different-florida-judicial-circuits-and-the-impact-of-res-judicata-on-non-consolidated-actions/


Comments

Leave a Reply

Your email address will not be published. Required fields are marked *