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MAYNARD v. HOUSEHOLD FINANCE CORP. III

No. 2D02-3753.

861 So.2d 1204 (2003)

Darryl L. MAYNARD, Appellant, v. HOUSEHOLD FINANCE CORPORATION III, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2003.

Attorney(s) appearing for the Case

Elizabeth L. Hapner, Tampa, for Appellant.

Enrico G. Gonzalez, Temple Terrace, for Appellee.

WALLACE, Judge.

In this appeal we are asked to determine whether a mortgagor's compulsory counterclaim alleging claims for fraud in the inducement and for breach of contract, pleaded as part of an answer to a mortgagee's complaint for foreclosure, is barred when it is filed after the expiration of the applicable statute of limitations. Because the mortgagor's compulsory counterclaim is a claim for recoupment, we hold that the expiration of the statute of limitations...

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