MOLINE v. SQUARE BUILDERS OF ORMOND BEACH, INC.

No. 89-635.

557 So.2d 963 (1990)

Jack C. MOLINE, Individually and As Trustee, and Charlotte Moline, His Wife, Appellants, v. SQUARE BUILDERS OF ORMOND BEACH, INC., a Florida Corporation, and Dr. Bernard Leibel, Appellees.

District Court of Appeal of Florida, Fifth District.

March 15, 1990.


Attorney(s) appearing for the Case

Thomas W. Deans and Charles Holcomb of Law Offices of Holcomb & Dean, Cocoa, for appellants.

Harold T. Bistline of Stromire and Bistline, Cocoa, for appellee Dr. Bernard Leibel.

No Appearance for appellee Square Builders of Ormond Beach, Inc.


COBB, Judge.

The issue on this appeal is whether the trial court erred in denying the motion of the defendants below (the Molines) to amend their answer by filing a compulsory counterclaim against the plaintiff (Leibel). The motion was made at a pretrial conference held on October 19, 1988; at that time, the trial was scheduled for December 12, 1988, some 54 days away. The motion was denied as untimely.

The matter sought to be raised by the proposed counterclaim...

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