Transaction Or Occurrence

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Greenshields v. Clare J. Greenshields
  Fla. 5th DCA· 2021-01-22
  The appellate court reversed a trial court's directed verdict, finding that the former husband's claims related to a power of attorney were not compulsory counterclaims to a prior lawsuit. The court also found that the former wife's tortious interference claim was improperly dism
• Beyond Int'l, Inc. v. Diverse Enters.
  Fla. 3d DCA· 2021-01-20
  A claim is barred by res judicata when a final judgment on the merits exists in a prior federal action, and a claim arising from the same transaction is also barred as a compulsory counterclaim that should have been raised in that prior action.
• O'Connor v. Backman
  M.D. Fla.· 2021-01-13
  An inmate at Florida State Prison brought a pro se civil rights action against multiple corrections officials alleging deliberate indifference to serious medical needs, discrimination under the Americans with Disabilities Act and Rehabilitation Act, and denial of religious exerci
• In re Amendments to the Fla. Small Claims Rules - 2019 Regular-Cycle Report
  Fla.· 2019-12-12
  The Florida Supreme Court adopted amendments to the Florida Small Claims Rules to clarify procedures, forms, and practices in small claims court proceedings, with most significant changes including a warning that nonattorneys cannot represent business entities in appellate procee
• Bell v. Cross
  M.D. Fla.· 2019-12-03
  The court held that the allegations in Count I sufficiently stated a False Claims Act claim, but the allegations in Count II did not, and the Florida False Claims Act claim in Count III was dismissed for lack of supplemental jurisdiction.
• Originwave Tech Soft Private Ltd. v. Mobile Insight, LLC
  239 So. 3d 794· Fla. 3d DCA· 2018-03-28
  An appeal from a trial court's judgment on an original claim must be dismissed when compulsory counterclaims arising from the same transaction remain pending below, as neither the claim nor counterclaim is final until both are resolved.
• Wichmann v. Conrad & Scherer, LLP
  237 So. 3d 1018· Fla. 4th DCA· 2018-01-10
  Counts one through three of the counterclaim were compulsory counterclaims arising from the same transaction or occurrence as the original complaint and thus not appealable until final disposition, while counts four and five were permissive counterclaims properly dismissed as tim
• Regions Bank v. Cuny
  118 So. 3d 329· Fla. 1st DCA· 2013-08-09
  Regions Bank appealed a foreclosure judgment that included an award to the homeowner on a counterclaim for slander of title. The court reversed the slander of title judgment, holding that the counterclaim was barred by the statute of limitations and did not qualify as a proper re
• Nantucket Enters. v. Palm Beach Fla. Hotel
  15th Cir. Ct. App. Div.· 2009-02-12
  Nantucket Enterprises appealed the County Court's dismissal of its unlawful eviction claims against landlords, arguing they were improperly dismissed as compulsory counterclaims to a pending Circuit Court action. The appellate court held that while the claims were technically com
• Metro Ford, Inc. v. Green
  724 So. 2d 706· Fla. 3d DCA· 1999-01-27
  The appellate court held that the circuit court did not depart from the essential requirements of law by quashing the county court's order, as small claims courts should proactively resolve all related disputes.
• Rice v. Cities Sewer Serv. OF Broward Cnty., Inc.
  488 So. 2d 662· Fla. 4th DCA· 1986-05-21
  The court held that the trial court erred in applying the compulsory counterclaim rule because Rice's contract claims were not logically related to the replevin action, and Pugh was not a necessary party to the compulsory counterclaim.
• Emp'rs Ins. OF Wausau v. The United States
  764 F.2d 1570· Fed. Cir.· 1985-06-14
  The court held that the surety did not act as the buyer's agent, the payment was not made under duress, and the buyer's claims were barred by limitations or res judicata.
• Dodson v. Holy Cross Hosp., Inc.
  470 So. 2d 56· Fla. 4th DCA· 1985-05-29
• Eagle Fam. Disc. Stores, Inc. v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  403 So. 2d 558· Fla. 3d DCA· 1981-09-08
  This case involves a subrogation claim where an insurance company, USLIC, stepped into the shoes of Dade County after paying a claim for a warehouse fire. USLIC sued Eagle, the tenant, for negligence. Eagle counterclaimed against Dade County, but the court affirmed the dismissal
• Young v. Pick Hotels-Washington Corp.
  420 F.2d 247· D.C. Cir.· 1969-05-19
  The court held that the amended complaint relating back to the original filing date satisfied Rule 15(c) requirements, and the case should not have been dismissed on statute of limitations grounds.
• In re Summary Claims Procedure Rules
  205 So. 2d 297· Fla.· 1967-12-20
  The Florida Supreme Court amended the Summary Claims Procedure Rules to clarify the scope of civil jurisdiction in lower courts, revise procedures for permissive counterclaims, and establish detailed rules governing voluntary and involuntary dismissals, with specific provisions r
• Symonds v. Browning
  156 Fla. 808· Fla.· 1946-01-22
  The Florida Supreme Court held that a defendant in a rent dispute may assert counterclaims arising from the landlord's alleged breach of the lease terms, including claims for deprivation of use of leased property and equipment, as these arise from the same transaction or occurren