
    CITY OF KEY WEST, Appellant, v. Lawrence M. MARKS, et al., Appellees.
    No. 87-789.
    District Court of Appeal of Florida, Third District.
    Sept. 22, 1987.
    Leslie K. Dougall, Jacksonville, and Steve Stitt, Key West, for appellant.
    Morgan & Hendrick and James Hen-drick, Key West, for appellees.
    Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
   PER CURIAM.

The trial judge properly determined that the positions asserted by the appellant-city below were foreclosed by a prior adverse final judgment from which it did not appeal. E.g., United States v. Stauffer Chemical Co., 464 U.S. 165, 104 S.Ct. 575, 78 L.Ed.2d 388 (1984); Wolfson v. Rubin, 52 So.2d 344 (Fla.1951); Hay v. Salisbury, 92 Fla. 446, 109 So. 617 (1926); see deMarigny v. deMarigny, 43 So.2d 442 (Fla.1949).

Affirmed.  