Collateral Estoppel

Collateral Estoppel is an Affirmative Defense that, together with Res Judicata acts to ensure the finality of judgments.

The elements of Collateral Estoppel are:


 * 1) an identical issue must have been presented in the prior proceeding;
 * 2) the issue must have been a critical and necessary part of the prior determination;
 * 3) there must have been a full and fair opportunity to litigate that issue;
 * 4) the parties in the two proceedings must be identical; and
 * 5) the issues must have been actually litigated.

Goodman v. Aldrich & Ramsey Enterprises, Inc., Case::804 So.2d 544, 546-47 (Fla. 2d DCA 2002), citing Holt v. Brown's Repair Serv., Inc., Case::780 So.2d 180 (Fla. 2d DCA 2001).