RUDNER v. CABRERA

No. 83-1072.

455 So.2d 1093 (1984)

Melvin E. RUDNER, Appellant, v. Wanda Koske CABRERA, Appellee.

District Court of Appeal of Florida, Fifth District.

September 13, 1984.


Attorney(s) appearing for the Case

Joe Teague Caruso, of Wolfe, Kirschenbaum, Caruso, Mosley & Kabboord, P.A., Cocoa Beach, for appellant.

Karen M.P. Thompson, of Bross, Trachtman, Henderson & Childress, P.A., Indialantic, for appellee.


ORFINGER, Judge.

The issue on appeal is whether a defendant against whom a default has been entered, may file a compulsory counterclaim in the form of a separate action after his motion to set aside the default and to permit him to plead has been denied. The trial court held that he could not, and dismissed the action. We affirm.

Wanda Cabrera filed an action against Melvin Rudner alleging that Rudner had fraudulently induced her to borrow $25,000 from Bank...

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