BLUE v. WEINSTEIN

No. 79-329.

381 So.2d 308 (1980)

Robert L. BLUE, a/K/a R.L. Blue, a/K/a Bob Blue, R.L. Blue & Co., Inc., a Florida Corporation, and Blue, Lovett, Keys & Co., Inc., a Florida Corporation, Appellants, v. Alice W. WEINSTEIN, Z.T. Walker, R.L. Walker, F.J. Walker, W.H. Walker, III, J.H. Walker, R.V. Walker and W.H. Walker, Jr., Partners D/B/a "Home Underwriters", Appellees.

District Court of Appeal of Florida, Third District.

March 18, 1980.


Attorney(s) appearing for the Case

Prunty, Ross & Olsen and John W. Prunty, Miami, for appellants.

Kelly, Black, Black, Wright & Earle and Brian P. Patchen, Miami, for appellees.

Before HENDRY, HUBBART and SCHWARTZ, JJ.


HUBBART, Judge.

This is a counterclaim for abuse of process which was dismissed by the trial court without prejudice to file a separate action upon termination of the main suit herein. The counterclaimant appeals.

The central issue presented for review is whether a cause of action for abuse of process may be maintained as a counterclaim when directed against process served in the pending main action. We hold that such a cause of action may be maintained as...

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