Home/District Court of Appeal of Florida/Harvey v. Fischer

Harvey v. Fischer

424 So. 2d 211, 1983 Fla. App. LEXIS 27769
District Court of Appeal of Florida·Decided January 7, 1983·No. Nos. 81-2550, 82-50·Published

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

424 So. 2d 211 (Harvey v. Fischer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ritter v. Miami Marine Agency, Inc.
133 So. 2d 107 (District Court of Appeal of Florida, 1961)
Martin v. Martin
196 So. 2d 26 (District Court of Appeal of Florida, 1967)
Calcagni v. Mamber
262 So. 2d 467 (District Court of Appeal of Florida, 1971)