Aguilar v. Southeast Bank, N.A.

Resolution of this ease requires an interpretation of Florida law regarding compulsory . counterclaims. The specific issue is whether the compulsory counterclaim rule applies when the putative counter-claimant in an in rem foreclosure action is not a party to the mortgage agreement which is the subject of the foreclosure. The outcome of this case has the potential to affect a large percentage of foreclosure actions in Florida. Because the ramifications of the decision in this case could have far-reaching effects on property law in Florida, we believe it should be resolved by Florida’s highest…