APPLESTEIN v. ALBERRING

No. 73-932.

291 So.2d 206 (1974)

Allan H. APPLESTEIN, Appellant, v. Albert H. ALBERRING, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 1974.


Attorney(s) appearing for the Case

Diaz-Asper, Katzen, Chulock & Thompson, South Miami, for appellant.

Fowler, White, Humkey, Burnett, Hurley & Banick; Bernard S. Yedlin, Miami, for appellee.

Before CARROLL, HENDRY AND HAVERFIELD, JJ.


PER CURIAM.

Defendant-appellant seeks review of a nunc pro tunc order dismissing his counterclaim with prejudice.

Plaintiff, employed as a process server by Dade County, Florida, alleged that while attempting service of process upon the defendant-appellant, the defendant threatened and accosted him with a deadly weapon. He filed a complaint seeking compensatory and punitive damages for (1) assault and (2) false imprisonment. In response thereto, defendant...

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