Our Gang, Inc. v. Commvest Securities, Inc.

POLEN, Judge.

Appellants bring this appeal from the trial court’s order, which determined that the court lacked jurisdiction to rule upon their motion for leave to file counterclaim and crossclaim, due to the fact that appel-lee had voluntarily dismissed the underlying action at a time when no counterclaim was pending. We reverse.

Appellee, Commvest Securities, Inc., controlled a portfolio account consisting of approximately $100,000.00 to which several of the appellants asserted differing claims. Commvest filed a complaint for interpleader and Our Gang answered and counterclaimed. Commvest…