Trak Microwave Corp. v. Medaris Management, Inc.

The critical omission in the majority opinion to follow two Florida cases which unequivocally dictate a reversal with directions to dismiss defendant’s counterclaims, causes me to respectfully record this dissent.

The appellate point is:

“If the interpleader action was proper, Medaris’ counterclaim should have been stricken; or if the interpleader action was improper the cause should have been dismissed without adjudicating any rights.” (Italics supplied.)

As concerns the first part of the point, I agree that under present practice Medaris’ counterclaim should have been allowed provided the…