OUR GANG, INC. v. COMMVEST SECURITIES

No. 91-1289.

608 So.2d 542 (1992)

OUR GANG, INC., a Florida Corporation, and Li'L Partners, Inc., a Florida corporation, Appellants, v. COMMVEST SECURITIES, INC., a Florida corporation, Mayfield Equity Funding, Inc., Steven Zeldin, Individually, and Herzog, Heine, Geduld, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

November 18, 1992.


Attorney(s) appearing for the Case

Suzan Jon Jacobs and Brian Behar of Levine & Geiger, P.A., Miami, for appellants.

Lenore C. Smith, Daniel S. Pearson, and George H. Mazzarantani of Holland & Knight, Miami, for appellee Commvest Securities, Inc.


POLEN, Judge.

Appellants bring this appeal from the trial court's order, which determined that the court lacked jurisdiction to rule upon their motion for leave to file counterclaim and crossclaim, due to the fact that appellee had voluntarily dismissed the underlying action at a time when no counterclaim was pending. We reverse.

Appellee, Commvest Securities, Inc., controlled a portfolio account consisting of approximately $100,000.00 to which several of...

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