received to sustain or defeat the claim, but as to every other matter which might with propriety have been litigated and determined in that action.” AMEC Civil, LLC v. State Dept. of Transp., ___S0.2d__, 2010 WL 1542634 at *2 (Fla. 1* Dist. Ct. App. 2010) (quoting Kimbrell v. Paige, 448 So.2d 1009, 1012 (Fla. 19