Tyler Marine Services, Inc. v. Aqua Yacht Harbor Corp.

ISHEE, J.,

for the Court.

¶ 1. Appellant, Tyler Marine Services, Inc. (“Tyler Marine”), brought suit against Appellee, Aqua Yacht Harbor Corporation (“Aqua Yacht”), for negligence and loss of business income stemming from a fire which destroyed buildings owned by Aqua Yacht and leased by Tyler Marine. The Circuit Court of Tishomingo County granted Aqua Yacht’s motion for summary judgment on the grounds that Tyler Marine’s claim was procedurally barred, reasoning that it should have been brought as a compulsory counterclaim in an earlier lawsuit stemming from the same incident. Finding no error,…