Legal Opinion

Shew v. Kirby

District Court of Appeal of Florida

Decided December 20, 1961No. 2680PublishedCited by 5 opinions

1Opinion of the Court

ALLEN, Judge.

This appeal is brought from- a summary final decree wherein the lower court held that appellants, defendants below, were barred from asserting their answer and counterclaim against plaintiff-appellee in this suit for injunctive relief since the subject matter contained in said answer and counterclaim was barred by the doctrines of res judicata and laches. The reformation of a deed, the necessity for which was raised in the answer and which was sought by the counterclaim, had previously been before the court between the same parties. Defendant-counterclaimant in the instant case…

2Cases cited5 opinions

  1. May v. State Ex Rel. ErvinSupreme Court of Florida · 1957
  2. Hassenteufel v. Howard JohnsonSupreme Court of Florida · 1951
  3. Zukor v. HillSupreme Court of Florida · 1956
  4. Alson Mfg. Co. v. SilversSupreme Court of Florida · 1957
  5. Yinger v. KasowDistrict Court of Appeal of Florida · 1960

3Cited by5 opinions

  1. Corona Properties of Florida, Inc. v. Monroe CountyDistrict Court of Appeal of Florida · 1986
  2. Gibbs v. TrudeauDistrict Court of Appeal of Florida · 1973
  3. Steketee v. Ballance Homes, Inc.District Court of Appeal of Florida · 1979
  4. Spolter Electrical Supplies, Inc. v. KalbDistrict Court of Appeal of Florida · 1973
  5. Corona Properties of Fla. v. MONROE CTY.District Court of Appeal of Florida · 1986

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