1. Home
  2. Browse Decisions
  3. So.2d
  4. 362 So.2d
  5. 362 So.2d 99 (1978)
 

CHEEZEM DEV. CORP. v. MADDOX ROOF SERV., INC.

No. 78-61.

362 So.2d 99 (1978)

CHEEZEM DEVELOPMENT CORPORATION, Appellant, v. MADDOX ROOF SERVICE, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 13, 1978.

Attorney(s) appearing for the Case

John T. Allen, Jr., P.A., and Walter D. Logan, St. Petersburg, for appellant.

No appearance for appellee.

GRIMES, Chief Judge.

May a party who has failed to interpose a compulsory counterclaim in a suit which is still pending bring an independent action on the same claim? Surprisingly, the answer seems to be yes.

Appellee (Maddox) originally filed suit against appellant (Cheezem) to collect for certain roofing work. Cheezem answered but failed to file a counterclaim. Later Cheezem moved for leave to file a counterclaim against Maddox for improper performance of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases