Legal Opinion
Cheezem Dev. Corp. v. Maddox Roof Serv., Inc.
District Court of Appeal of Florida
Decided August 18, 1978No. 78-61PublishedCited by 16 opinions
1Opinion of the Court
362 So.2d 99 (1978)
CHEEZEM DEVELOPMENT CORPORATION, Appellant,
v.
MADDOX ROOF SERVICE, INC., Appellee.
No. 78-61.
District Court of Appeal of Florida, Second District.
August 18, 1978.
Rehearing Denied September 13, 1978.
John T. Allen, Jr., P.A., and Walter D. Logan, St. Petersburg, for appellant.
No appearance for appellee.
GRIMES, Chief Judge.
May a party who has failed to interpose a compulsory counterclaim in a suit which is still pending bring an independent action on the same claim? Surprisingly, the answer seems to be yes.
Appellee (Maddox) originally filed suit against appellant (Cheezem) to…
2Cases cited10 opinions
- Hightower v. BigoneySupreme Court of Florida · 1963
- Stone v. Pembroke Lakes Trailer Park, Inc.District Court of Appeal of Florida · 1972
- Pesce v. LinaidoDistrict Court of Appeal of Florida · 1960
- Horter v. Commercial Bank & Trust Co.Supreme Court of Florida · 1930
- Local Union 499 of International Brotherhood of Electrical Workers v. Iowa Power & Light Co.District Court, S.D. Iowa · 1964
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zikofsky v. Marketing 10, Inc.District Court of Appeal of Florida · 2005
- Travelers Exp., Inc. v. AcostaDistrict Court of Appeal of Florida · 1981
- Diversified Mortgage Investors v. Viking General Corp.Massachusetts Appeals Court · 1983
- ACCENT REALTY v. CrudeleDistrict Court of Appeal of Florida · 1986
- Rudner v. CabreraDistrict Court of Appeal of Florida · 1984
11 more not listed; retrieve them via the Exa API.