RUSSELL'S CUST. HOME REPAIR INC. v. O'DONNELLS AUTO SERVICE

No. 81-1805.

411 So.2d 356 (1982)

RUSSELL'S CUSTOM HOME REPAIR, INC., Petitioner, v. O'DONNELLS AUTO SERVICE, Respondent.

District Court of Appeal of Florida, Second District.

March 26, 1982.


Attorney(s) appearing for the Case

John F. Hooley, Marco Island, for petitioner.

Guion T. DeLoach, Naples, for respondent.


OTT, Judge.

The sole question on this petition is whether it is necessary for a contractor to file a counterclaim for the unpaid balance of the contract price in order for it to be considered as an offset in an action by the homeowner to recover the cost of completing the work. We hold that it is not and therefore grant the petition for certiorari.

Petitioner was engaged by respondent to perform certain improvements to respondent's residence. Petitioner billed...

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