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EMPIREGAS, INC. v. JOE HERRMANN'S

Nos. 85-533, 85-1470.

483 So.2d 876 (1986)

EMPIREGAS, INC. OF DADE CITY, Appellant, v. JOE HERRMANN'S, INC., Appellee. Joe HERRMANN'S, INC., Appellant, v. EMPIREGAS, INC. OF DADE CITY, Appellee.

District Court of Appeal of Florida, Second District.

February 28, 1986.

Attorney(s) appearing for the Case

E. David Tyner, Dade City, and John F. Kizer, Jr., Birmingham, Ala., for Empiregas, Inc.

Joe A. McClain of McClain, Dwyer & Sestak, P.A., Dade City, for Joe Herrmann's, Inc.

PER CURIAM.

We affirm the trial court's final judgments for the plaintiff, Joe Herrmann's, Inc., on the original complaint and for the defendant, Empiregas, Inc. of Dade City, on its counterclaim.

We address only one aspect of this rather involved litigation. We agree with defendant that the trial court properly dismissed plaintiff's counterclaim which was filed in response to defendant's counterclaim. See Vines v. Emerald Equipment Co.,

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