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CAPITAL TRUCK, INC. v. INTERNATIONAL TRUCK & ENGINE CORP.

No. 1D02-4127.

836 So.2d 1091 (2003)

CAPITAL TRUCK, INC., a Florida corporation, Michael Pitts, an individual, and Mark Thomas, an individual, Appellants, v. INTERNATIONAL TRUCK AND ENGINE CORPORATION, a foreign corporation, Appellee.

District Court of Appeal of Florida, First District.

February 6, 2003.

Attorney(s) appearing for the Case

Robert A. Bass of Myers and Fuller, Tallahassee; and Thomas F. Panebianco, Tallahassee, for Appellant.

Timothy McDermott and J. Riley Williams, Jacksonville, and Bruce Culpepper, Tallahassee, for Appellee.

PER CURIAM.

Having considered the appellants' response to this Court's order, dated November 13, 2002, we dismiss for lack of jurisdiction. The order on appeal, Order Granting Plaintiff's Motion to Dismiss Count II of Defendant Capital Truck, Inc.'s Counterclaim, rendered on September 10, 2002, is a compulsory counterclaim where it, and all the pending claims, all revolve around factual determinations as to whether a franchise interest could be transferred. Therefore...

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