Johns v. Puca

LOVE, WILLIAM K., Associate Judge.

The above action was instituted in the trial court by the appellee, as plaintiff, seeking damages, in a Common Law action. The appellant had filed a counterclaim which was compulsory under Rule 1.13, 30 F.S.A. Upon trial, and at the close of plaintiff’s case, defendant moved for a directed verdict and the Court announced its disposition to grant the Motion for the failure of plaintiff to prove negligence.

Plaintiff thereupon took an involuntary non-suit and moved the Court to dismiss the counterclaim, contending that it should fall with the non-suit under the…