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LIBERTY TRANSP. v. BANYAN AIR SERVICES

No. 4D07-732.

982 So.2d 1231 (2008)

LIBERTY TRANSPORTATION, LLC, a foreign limited liability corporation, Appellant, v. BANYAN AIR SERVICES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 27, 2008.

Attorney(s) appearing for the Case

Ronnie Adili and Robert Sweetapple of Sweetapple, Broeker, Varkas & Sosin, PL, Boca Raton, for appellant.

Edward R. Curtis and William T. Cotterall of Tripp Scott, P.A., Fort Lauderdale, for appellee.

KLEIN, J.

This appeal arises out of a dispute as to how much Liberty owes Banyan for performing maintenance work on Liberty's airplane. Banyan recovered an award for damages and Liberty appeals, arguing that the trial court erred in not allowing it to amend to allege a compulsory counterclaim. We find no abuse of discretion and affirm.

Banyan sued Liberty in October of 2003 for breach of contract, damages, and for the enforcement of an equitable lien on the...

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