Metro. Casualty Ins. Co., of New York v. Walker

THOMAS, J.:

In complying with the request of the Circuit Judge for instructions under Rule 38 of the Rules of Practice adopted by this Court the 17th of December, 1941, it is necessary for us to determine whether the counterclaim pleaded in the county court by virtue of Sections 1 and 2, Chapter 20426, Laws of Florida, Acts of 1941 (52.11 and 52.12 Florida Statutes, 1941) was compulsory or permissive as contemplated in that law.

Metropolitan Casualty Insurance Company instituted an action in the county court for Orange County against Richard H. Walker and United States Fidelity and Guaranty…