LAWYERS TITLE INSURANCE CORP., PETITIONER,
v.
LITTLE RIVER BANK & TRUST COMPANY AND RACHEL MECHLOWITZ, RESPONDENTS

Fla. | 1970-07-22
No. 39367
ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.
238 So. 2d 846 Florida Supreme Court (1970) Negative Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

ON REHEARING GRANTED

PER CURIAM.

Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.

It is so ordered.

ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.


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  • Kinney v. Allied Home Builders, Inc., 403 So. 2d 440 (Fla. 2d DCA 1981)
    …opposing party’s cause of action. Unless filed in that action it will be waived and any subsequent action based on it will be barred. Lawyers Title Insurance Corp. v. Little River Bank & Trust Co., 228 So. 2d 412 (Fla.3d DCA 1969), cert. discharged, 238 So. 2d 846 (Fla.1970). Counsel has not cited any Florida cases directly in point and our research fails to reveal any. However, courts and the textwriters tend to take a liberal view toward Federal Rule of Civil Procedure 13(a), the prototype of Rule 1.170(a)…

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