Allan v. Hill

District Court of Appeal of Florida

Allan v. Hill

517 So. 2d 138, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 9, 1988 WL 127

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1988

DocketNo. 4-86-2081

StatusPublished

This text of 517 So. 2d 138 (Allan v. Hill) 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.

Bluebook

Allan v. Hill, 517 So. 2d 138, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 9, 1988 WL 127 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This is the second appearance of these parties before us. In Allan v. Hill, 461 [139]*139So.2d 952 (Fla. 4th DCA 1984), we affirmed without opinion the trial court's determination adverse to appellant. In the present case the trial court granted summary judgment on a finding that the claims which are the subject matter of the complaint were barred because they should have been asserted in the initial lawsuit as compulsory counterclaims pursuant to rule 1.170(a), Florida Rules of Civil Procedure. Finding that a logical relationship exists between the aggregate of the operative facts upon which the present cause of action is based and those underlying the previously litigated claims, we affirm. See Neil v. South Florida Auto Painters, Inc., 397 So.2d 1160 (Fla. 3d DCA 1981); Stone v. Pembroke Lakes Trailer Park, Inc., 268 So.2d 400 (Fla. 4th DCA 1972).

AFFIRMED.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.

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PER CURIAM.

This is the second appearance of these parties before us. In Allan v. Hill, 461 [139]*139So.2d 952 (Fla. 4th DCA 1984), we affirmed without opinion the trial court's determination adverse to appellant. In the present case the trial court granted summary judgment on a finding that the claims which are the subject matter of the complaint were barred because they should have been asserted in the initial lawsuit as compulsory counterclaims pursuant to rule 1.170(a), Florida Rules of Civil Procedure. Finding that a logical relationship exists between the aggregate of the operative facts upon which the present cause of action is based and those underlying the previously litigated claims, we affirm. See Neil v. South Florida Auto Painters, Inc., 397 So.2d 1160 (Fla. 3d DCA 1981); Stone v. Pembroke Lakes Trailer Park, Inc., 268 So.2d 400 (Fla. 4th DCA 1972).

AFFIRMED.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.

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Bluebook (online)

517 So. 2d 138, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 9, 1988 WL 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allan-v-hill-fladistctapp-1988.

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