COHN v. CITY OF STUART (1997)

District Court of Appeal of Florida,Fourth District.

William COHN, and Lillian Cohn, Appellants, v. CITY OF STUART, Appellee.

No. 97-0089.

Decided: November 26, 1997

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Robert D. Critton, Jr. of Burman, Critton & Luttier, North Palm Beach, for appellants. Rhea P. Grossman of Rhea P. Grossman, P.A., Miami, for appellee.

In entering summary judgment in favor of the appellee, the trial court found that the district court's resolution of the legal issues in favor of the appellee during a prior federal suit between the parties collaterally estopped the appellants from asserting their state law claims. However, the district court's judgment, which is currently pending and subject to de novo review in the Eleventh Circuit Court of Appeal, see Gold v. City of Miami, 121 F.3d 1442, 1445 n. 3 (11th Cir.1997), was not final and therefore did not have preclusive effect upon the appellants' state action. See Reese v. Damato, 44 Fla. 692, 33 So. 462, 464 (1902). We therefore reverse and remand this cause to the trial court to stay the proceedings, pending the outcome of the appeal in the federal system. See City of Miami v. Fraternal Order of Police, Miami Lodge No. 20, 414 So.2d 225, 226 (Fla. 3d DCA 1982).

PER CURIAM.

DELL, WARNER and PARIENTE, JJ., concur.

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