Cyrus French Wicker v. Board of Public Instruction of Dade County, Florida

Summary

The Fifth Circuit affirmed a district court judgment for the Board of Public Instruction of Dade County, Florida, concluding that the appellant's claim concerning an alleged 1928 land-purchase resolution was barred by res judicata. The court relied on its prior decision holding that there was no legal or equitable basis for the suit.

Holdings

1. The prior judgment barred the present action under res judicata, requiring affirmance of the district court's judgment for the Board of Public Instruction.

Questions Presented

1. Whether the present equity action was barred by res judicata because the same parties had previously litigated the same claim and the Fifth Circuit had already determined that the action had no basis in law or equity.

Disposition

affirmed