Legal Opinion

Wilson Sr. v. Kade

District Court of Appeal of Florida

Decided April 5, 2017No. 16-0937Published

1Per curiam

Upon our de novo review, Jackson v. Shakespeare Foundation, Inc., 108 So.3d 587 (Fla. 2013), we affirm the trial court’s order dismissing with prejudice Darrell Keith Wilson, Sr.’s fourth amended third-party complaint against appellee Paul Kade. The trial court concluded, and we agree, that each of the claims asserted therein—even assuming that they stated a cause of action—constituted compulsory counterclaims to a prior action brought by Kade against Wilson. 1 See Fla. R. Civ. P. 1.170(a) (providing: “A pleading must state as a counterclaim any claim which at the time of serving the pleading…

2Cases cited8 opinions

  1. Jackson v. Shakespeare Foundation, Inc.Supreme Court of Florida · 2013
  2. Grove Isle Ass'n v. Grove Isle Associates, LLLPDistrict Court of Appeal of Florida · 2014
  3. Londono v. Turkey Creek, Inc.Supreme Court of Florida · 1992
  4. Kohn v. City of Miami BeachDistrict Court of Appeal of Florida · 1992
  5. Neil v. South Florida Auto Painters, Inc.District Court of Appeal of Florida · 1981

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