Harvey v. Fischer

District Court of Appeal of Florida

Harvey v. Fischer

424 So. 2d 211, 1983 Fla. App. LEXIS 27769

CourtDistrict Court of Appeal of Florida

DecidedJanuary 7, 1983

DocketNos. 81-2550, 82-50

StatusPublished

This text of 424 So. 2d 211 (Harvey v. Fischer) 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

Harvey v. Fischer, 424 So. 2d 211, 1983 Fla. App. LEXIS 27769 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

A claim for damages for wrongful attachment cannot be prosecuted by a counterclaim in the same suit in which the attachment was obtained. Calcagni v. Mamber, 262 So.2d 467 (Fla. 3d DCA 1971); Martin v. Martin, 196 So.2d 26 (Fla. 2d DCA 1967); Ritter v. Miami Marine Agency, Inc., 133 So.2d 107 (Fla. 3d DCA 1961).

Therefore, we reverse the determination of wrongful attachment without prejudice to appellee to seek relief in a new suit.

The judgment is affirmed in all other respects.

BOARDMAN, A.C.J., and GRIMES and SCHOONOVER, JJ., concur.

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