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HARVEY GORDON, INC. v. TESTA

No. 81-1707.

413 So.2d 408 (1982)

HARVEY GORDON, INC., a Virginia Corporation, Petitioner, v. The Honorable Thomas A. TESTA, As One of the Judges in the 11TH Judicial Circuit in and for Dade County, Florida, and Louis Poller, General Partner of Landmark Plaza Associates, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 3, 1982.

Attorney(s) appearing for the Case

Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel & Wolff and Stanley H. Wakshlag and Alan T. Dimond, Miami, for petitioner.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for respondents.

Greenfield & DuVal, North Miami, for Louis Poller, as amicus curiae.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

ON REHEARING

PER CURIAM.

In an action to enforce a foreign judgment, the trial court may not entertain a counterclaim based on perjured testimony in support of the judgment. See, e.g., Haas v. Haas, 59 So.2d 640 (Fla. 1952); Fair v. Tampa Electric Co., 158 Fla. 15, 27 So.2d 514 (1946); City of Miami v. Coconut Grove Marine Properties, Inc., 358 So.2d 1151 (Fla. 3d...

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