CENTURY V. INDEMNITY
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 THE CENTURY SURETY COMPANY, Appellant, vs. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee. ** ** ** ** ** CASE NO. 3D03-2336 LOWER TRIBUNAL NO. 02-9414 ** Opinion filed April 21, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jeri B. Cohen, Judge. Hicks & Kneale, and James H. Wyman, for appellant. Rocke, McLean & Sbar, and Jodi L. Corrigan, and Robert Rocke, for appellee. Before SHEVIN, RAMIREZ, and WELLS, JJ. PER CURIAM. Affirmed. See Kimbrell v. Paige, 448 So. 2d 1009, 1012 (Fla. 1984)(res judicata bars any action where the action raises matters that were previously litigated and determined in a prior action). See also ICC Chem. Corp. v. Freeman, 640 So. 2d 92, 93 (Fla. 3d DCA 1994)( Res judicata applies to all matters actually raised and determined, as well as to all other matters which could properly have been raised and determined in the prior action, whether they were or not ). 2
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