First Robinson Savings & Loan v. Ledo Construction Co.

The issue in this case is whether defendant, Ledo Construction Company, Inc., properly filed its “counterclaim” against third-party defendant so that it relates b.ack to a previously filed third-party complaint, thereby avoiding the statute of limitations.

We hold that defendant did not properly file its counterclaim, because it was filed ex parte and without leave of court first having been obtained. Therefore, the counterclaim is a nullity and cannot relate back to the previously filed third-party complaint. Accordingly, defendant’s claim against third-party defendant is barred by the…