Gosselin v. Freidin

District Court of Appeal of Florida

Gosselin v. Freidin

371 So. 2d 234, 1979 Fla. App. LEXIS 15084

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1979

DocketNo. 78-2180

StatusPublished

This text of 371 So. 2d 234 (Gosselin v. Freidin) 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

Gosselin v. Freidin, 371 So. 2d 234, 1979 Fla. App. LEXIS 15084 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The appellant appeals from a final order dismissing with prejudice his counterclaim against the plaintiff in an interpleader action. We reverse upon the holdings that (a) there was no basis for applying the principles of res judicata or collateral estoppel so as to bar the appellant’s claim, Dixie Farms, Inc. v. Hertz Corp., 343 So.2d 633 (Fla. 3d DCA 1977), cf. Knoll v. Socony Mobil Oil Co., 369 F.2d 425, 429 (10th Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 138 (1967); (b) the counterclaim was properly asserted against the plaintiff-stakeholder in interpleader, Jordan v. Finlay, 370 So.2d 431 (Fla. 3d DCA 1979) (Case no. 78-1630, opinion filed, May 1, 1979); 7 Wright and Miller, Federal Practice and Procedure, § 1714 (1972) text and authorities at nn. 50-52, 54; and (c) the counterclaim sufficiently alleged a cause of action against the plaintiff for legal malpractice. The cause is remanded with directions to deny the motion to dismiss the counterclaim and for further consistent proceedings.

Reversed and remanded.

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PER CURIAM.

The appellant appeals from a final order dismissing with prejudice his counterclaim against the plaintiff in an interpleader action. We reverse upon the holdings that (a) there was no basis for applying the principles of res judicata or collateral estoppel so as to bar the appellant’s claim, Dixie Farms, Inc. v. Hertz Corp., 343 So.2d 633 (Fla. 3d DCA 1977), cf. Knoll v. Socony Mobil Oil Co., 369 F.2d 425, 429 (10th Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 138 (1967); (b) the counterclaim was properly asserted against the plaintiff-stakeholder in interpleader, Jordan v. Finlay, 370 So.2d 431 (Fla. 3d DCA 1979) (Case no. 78-1630, opinion filed, May 1, 1979); 7 Wright and Miller, Federal Practice and Procedure, § 1714 (1972) text and authorities at nn. 50-52, 54; and (c) the counterclaim sufficiently alleged a cause of action against the plaintiff for legal malpractice. The cause is remanded with directions to deny the motion to dismiss the counterclaim and for further consistent proceedings.

Reversed and remanded.

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371 So. 2d 234, 1979 Fla. App. LEXIS 15084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gosselin-v-freidin-fladistctapp-1979.

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