BOYD T. AYDELOTT, APPELLANT,
v.
GREENHEART (DEMERARA) INC., A CORPORATION, APPELLEE
BOYD T. AYDELOTT, APPELLANT,
GREENHEART (DEMERARA) INC., A CORPORATION, APPELLEE
162 So. 2d 286
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Defendant appeals an order denying his motion for leave to file a counterclaim long subsequent to entry of a summary judgment for the plaintiff. The motion was denied on the ground that the proposed counterclaim was in the nature of a compulsory counterclaim and was not seasonably filed under Rule 1.13(1), Florida Rules of Civil Procedure, 30 F.S.A.
It appears that the matters attempted to be raised by the tardy counterclaim were essentially within the knowledge of the defendant at the time he filed his answer and under such circumstances we find no error.
Affirmed.
ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Gulle v. Purley L. Boggs, 174 So. 2d 26 (Fla. 1965)…THORN AL, Justice. By petition for a writ of certiorari we :are requested to review a decision of a District Court of Appeal because of an alleged •conflict with a decision of another District Court of Appeal. See, Boggs v. Guile et al., 162 So. 2d 286. Our problem involves primarily the propriety of directing a verdict in an automobile rear-end collision situation. Respondent Boggs brought an action in the circuit court to recover damages for injuries received when his automobile was ■struck fr…
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Baker v. Enid I. Deeks, 176 So. 2d 108 (Fla. 2d DCA 1965)…the judgment of the trial court,” and that the “explanation advanced by the defendant was not legally sufficient to affect the presumption of negligence.” They rely oh Vasquez v. Stark, Fla.App.1963, 155 So. 2d 905, and Boggs v. Gulle, Fla.App.1964, 162 So. 2d 286. Inasmuch as the plaintiffs failed to move for a directed verdict at the close of the defendant’s case, we cannot pass on the question. It is well settled that the sufficiency of the evidence is not reviewable on appeal unless a motion for a directe…
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Riverside Towers, Inc. v. Riverside Dev. Corp., 310 So. 2d 44 (Fla. 4th DCA 1975)…n we are of the opinion that the trial court’s order permitting the filing of an amended answer and counterclaim seeking attorney’s fees some seven months after final judgment was an [*45] abuse of discretion, Aydelott v. Greenheart (Demerara) Inc., 162 So. 2d 286 (Fla.App.1964) ; see also Milgen Development, Inc. v. Goodman, 302 So. 2d 491 (Fla.App.1974). Accordingly, the order granting defend-antis motion for leave to file an amended answer and counterclaim for attorney’s fees is vacated and set aside. OWE…