Sovereign Bank v. Harrison

In this foreclosure action, the plaintiff, Sovereign Bank, 1 appeals from the order of the trial court granting the motion of the defendant, Angela Harrison, 2 to restore her third special defense to the docket following the plaintiff's voluntary withdrawal of its action. 3 The plaintiff's principal claim on appeal is that the trial court erred in interpreting the defendant's special defense as a counterclaim and, therefore, lacked the authority to restore it to the docket. 4 We agree and, accordingly, reverse the order of the trial court.

The following facts and procedural history are…