Epstein Secrets

e argument as to probable cause for this Court's consideration. See Nat'l City Bank v. Accent Marketing Assoc., supra. Edwards argues that Gabor v. Gabor & Co., Inc., 599 So. 2d 737 (Fla. 3d DCA 1992) "is directly on point." Motion to Strike at 5. Gabor is clearly distinguishable. In that case, the Third D

the case doctrine is limited to those questions of law that were "actually presented" and "actually decided" on a former appeal." Florida Dep't of Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001). The doctrine allows the trial court upon remand from the appellate court to consider a party's alte

argument as to probable cause for this Court's consideration. See Nat'l City Bank v. Accent Marketing Assoc., supra. Edwards argues that Gabor v. Gabor & Co., Inc., 599 So. 2d 737 (Fla. 3d DCA 1992) "is directly on point." See Edwards's Motion to Strike, p. 5. However, the Gabor case is clearly distingui

of the case doctrine is limited to those questions of law that were "actually presented" and "actually decided" on a former appeal. Florida Dep't of Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001). The doctrine allows the trial court, upon remand from the appellate court, to consider a party's a

f material fact as to probable cause; thus, consideration of this issue by this Court again is precluded by the law of the case doctrine. Gabor v. Gabor & Co., Inc., 599 So.2d 737, 739 (Fla. 3d DCA 1992), is directly on point. In Gabor, the appellate court held that there was a genuine issue of material fa

y decided on appeal must govern the case in the same court and the trial court, through all subsequent stages of the proceedings." Florida Dept. of Transp. v. Juliano, 801 So.2d 101, 105-06 (Fla. 2001) (citing Greene v. Massey, 384 So.2d 24, 28 (Fla. 1980) ("All points of law which have been adjudicat