AGUILAR v. SOUTHEAST BANK, N.A.

No. 96-3075.

117 F.3d 1368 (1997)

Gonzalo AGUILAR, M.D., Doroteo C. Adije, M.D.; Doroteo M. Barnes, M.D.; Juan Bauer, M.D.; Leonardo Del Rosario, M.D.; et al., Plaintiffs-Appellants, v. SOUTHEAST BANK, N.A., a national banking association f.k.a. First Federal Savings and Loan Association of Jacksonville, Defendant-Appellee, Federal Depositors Insurance Company, as Receiver for Southeast Bank, N.A., ets., Receiver-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 29, 1997.


Attorney(s) appearing for the Case

William G. Cooper, George E. Ridge, Kent, Ridge & Crawford, Jacksonville, FL, for Plaintiffs-Appellants.

Juan A. Gonzalez, Timothy H. Crutchfield, Haley, Sinagra & Perez, P.A., Miami, FL, for Defendant-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and WOODS, Senior District Judge.


PER CURIAM:

Resolution of this case requires an interpretation of Florida law regarding compulsory counterclaims. The specific issue is whether the compulsory counterclaim rule applies when the putative counter-claimant in an in rem foreclosure action is not a party to the mortgage agreement which is the subject of the foreclosure. The outcome of this case has the potential to affect a large percentage of foreclosure actions in Florida. Because the ramifications...

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