Harvey v. Huddle

BERANEK, Judge.

This appeal raises the question of whether an action to enforce contribution by a joint tortfeasor under Section 768.31, Florida Statutes (1979), is a compulsory counterclaim and whether Subsection 4 of the Statute is violative of Article V, Section 2(a) of the Florida Constitution. Since we find that a claim for contribution is not a compulsory counterclaim, we need not address the second issue. We reverse the trial court’s contrary determination.

Appellants’ complaint for contribution arose out of a prior suit against him for injuries arising from an automobile accident. After…