Penick v. CADO SYSTEMS OF CENT. ALABAMA

This case presents an issue of first impression: whether a compulsory counterclaim is an "action" for purposes of Alabama Code 1975, § 6-5-440, which bars a plaintiff from prosecuting two actions in the courts of this State at the same time for the same cause and against the same party. We hold that it is. We affirm in part and dismiss in part.

Two cases were filed on the same day in the Circuit Court of Jefferson County, both based upon a dispute concerning commercial lease agreements for computer equipment. The original agreement was signed November 1, 1989, by Henry L. Penick and General…