Cottage Capital, LLC v. Red Ledges Land Development

Justice LEE,

opinion of the Court:

T1 This is an appeal from an order dismissing an action brought by Cottage Capital, LLC, to enforce a guaranty agreement against Red Ledges Land Development. The district court dismissed this action on grounds of preclusion, concluding that it should have been asserted as a compulsory counterclaim in an earlier suit between the parties. We reverse. We interpret rule 13(a) of our rules of civil procedure not to extend to a counter-claim that has not yet matured at the time of a civil proceeding. And because we cannot conclude that Cottage Capital's enforcement…