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AGUILAR v. SOUTHEAST BANK, N.A.

No. 91,164

728 So.2d 744 (1999)

Gonzalo AGUILAR, M.D., et al., Appellants, v. SOUTHEAST BANK, N.A., etc., et al., Appellees.

Supreme Court of Florida.

March 18, 1999.

Attorney(s) appearing for the Case

William G. Cooper and Morgan L. Gaynor of Toole, Beale & Cooper, P.A., Jacksonville, Florida, and George E. Ridge of Ridge & Lantinberg, P.A. for Appellants.

Timothy H. Crutchfield of Haley, Sinagra & Perez, P.A., Miami, Florida, and Barry Richard, Tallahassee, Florida and Hilarie Bass, Miami, Florida of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., for Appellees.

PER CURIAM.

We have for review the following question certified to this Court by the United States Court of Appeals for the Eleventh Circuit in Aguilar v. Southeast Bank, 117 F.3d 1368 (11th Cir.1997):

WHETHER A DEFENDANT WHO IS NOT AN OBLIGOR ON THE ORIGINAL NOTE AND MORTGAGE IN AN IN REM FORECLOSURE ACTION IS REQUIRED TO BRING, AS A COMPULSORY COUNTERCLAIM, TORT CLAIMS ARISING OUT OF THE SAME OPERATIVE FACTS AS THOSE...

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