JAMES B. MCDONOUGH, JR., AS THE ADMINISTRATOR C.T.A.D.B.N. OF THE ESTATE OF C. A. RUDISILL, DECEASED, APPELLANT,
v.
CLARA B. HALL ET AL., APPELLEES
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This court previously ruled in this case that appellant’s counterclaim against appel-lee-Hall individually, must be dismissed.1 Pursuant to our mandate the trial court properly dismissed the counterclaim. Appellant then sought, by motion, to have the trial court docket his counterclaim as a separate and independent action against ap-pellee-Hall, individually, and now appeals the trial court’s denial of this motion. We affirm.
Nothing herein, of course, nor in our pri- or decision is to be taken as res judicata on the merits of any claim appellant may have against appellee-Hall, individually, nor is appellant precluded from proceeding as he may be advised in a new, separate and independent action.
Affirmed.
HOBSON, C. J., and PIERCE and Mc-NULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wyatt Johnson v. Mercy Hosp., Inc., 336 So. 2d 403 (Fla. 3d DCA 1976)…ion of the order which dismisses 1, 2, 3 and 4 of the amended counterclaim, and we remand the cause with directions to proceed in accordance with the views herein stated. Reversed and remanded. . A second appearance of the same cause is reported at 241 So. 2d 201. . “620.62 Partnership bound by partners’ wrongful act. — When loss or injury is caused to a person, not a partner in the partnership, or any penalty is incurred by a wrongful act or omission of a partner acting in the ordinary course of the busine…
Authorities Cited
- Ausburn v. State, 216 So. 2d 84 (Fla. 2d DCA 1968)
- Hall v. McDONOUGH, 216 So. 2d 84 (Fla. 2d DCA 1968)