Admar of New Jersey, Inc. v. Rozany

District Court of Appeal of Florida

Admar of New Jersey, Inc. v. Rozany

523 So. 2d 1196, 13 Fla. L. Weekly 827, 1988 Fla. App. LEXIS 1224, 1988 WL 25441

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1988

DocketNo. 87-0495

StatusPublished

This text of 523 So. 2d 1196 (Admar of New Jersey, Inc. v. Rozany) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Admar of New Jersey, Inc. v. Rozany, 523 So. 2d 1196, 13 Fla. L. Weekly 827, 1988 Fla. App. LEXIS 1224, 1988 WL 25441 (Fla. Ct. App. 1988).

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Opinion

GUNTHER, Judge.

We reverse the trial court’s entry of summary judgment on the authority of GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla. 4th DCA), rev. denied, 513 So.2d 1061 (Fla.1987). However, we affirm the trial court’s dismissal of the counterclaim. The counterclaim was compulsory in nature and should have been brought in the New Jersey action. See, Mori v. Hartz Mountain Development Corp., 193 N.J.Super. 47, 472 A.2d 150 (N.J.Super.Ct.App.Div.1983).

[1197]*1197REVERSE AND REMAND in part; AFFIRM in part.

DOWNEY and WALDEN, JJ., concur.

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GUNTHER, Judge.

We reverse the trial court’s entry of summary judgment on the authority of GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla. 4th DCA), rev. denied, 513 So.2d 1061 (Fla.1987). However, we affirm the trial court’s dismissal of the counterclaim. The counterclaim was compulsory in nature and should have been brought in the New Jersey action. See, Mori v. Hartz Mountain Development Corp., 193 N.J.Super. 47, 472 A.2d 150 (N.J.Super.Ct.App.Div.1983).

[1197]*1197REVERSE AND REMAND in part; AFFIRM in part.

DOWNEY and WALDEN, JJ., concur.

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523 So. 2d 1196, 13 Fla. L. Weekly 827, 1988 Fla. App. LEXIS 1224, 1988 WL 25441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/admar-of-new-jersey-inc-v-rozany-fladistctapp-1988.

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